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fliotographic 

Sciences 

Corporation 


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(716)872-4503 


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CEHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  MIcroreproductions  /  Institut  Canadian  de  microreproductions  historiques 


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Technical  and  Bibliographic  Notes/Notes  tAchniques  at  bibiiographiquaa 


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to 


The  Instituta  haa  attampted  to  obtain  the  best 
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the  usual  method  of  filming,  are  checked  below. 


I      I    Coloured  covers/ 


n 


□ 


Couverture  de  cquleur 

Covers  damaged/ 
Couverture  endommag^a 

Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  peliicui^e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g6ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


D 


Bound  with  other  material/ 
Reli^  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrde  peut  causer  de  I'ombre  ou  de  la 
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Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouttes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  M  filmtes. 

Additional  comments:/ 
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L'institut  a  microfilm*  le  meilleur  exemplaire 
qu'il  lui  a  it*  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normale  de  filmage 
sont  irdiquAs.ci-djssous. 


D 
D 
D 


V 


El 
D 
D 
D 
D 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommagAes 

Pages  restored  and/or  laminated/ 
Page?  restaur^es  et/ou  pellicultes 

Pages  discoloured,  stained  or  foxed/ 
Pages  d^coiories,  tachet^es  ou  piqu^es 


Pages  detached/ 
Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  inAgaie  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Mition  diaponibie 

Pages  wholly  or  partially  oSscured  by  errata 
slipw,  tissues,  etc.,  have  been  refilmed  to 
onsure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
etc.,  ont  6t6  filmtes  d  nouveau  de  fa^on  d 
obtenir  la  meilleure  image  possible. 


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This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  rMuction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


^ 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  fllmA  fut  reprodult  grAce  it  la 
gAnArosIti  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  Images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  In  keeping  with  the 
filming  contract  specifications. 


Lee  images  suivantes  ont  4t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetA  de  l'exemplaire  f llmA.  et  en 
conformity  avec  les  conditions  du  contrat  de 
fllmage. 


Original  copies  In  printed  paper  covers  are  filmed 
beginning  vfith  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  Illustrated  Impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  Illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shell  contein  the  symbol  ^►(meaning  "CON- 
TINUED"), or  the  symbdl  y  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  Included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exempieires  orlginaux  dont  la  couverture  en 
papier  est  Imprlmte  sent  filmto  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  emprelnte 
d'impression  ou  d'illustratlon,  soit  par  le  second 
plat,  salon  le  ces.  Tous  les  autres  exempieires 
origineux  sont  filmte  en  commen^ant  par  la 
premldre  page  qui  comporte  une  empreinte 
d'impression  ou  d'lllustretion  et  en  terminent  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  sulvants  apparattra  sur  la 
dernlAre  imege  de  cheque  microfiche,  selon  le 
cas:  le  symbols  ^^^  signifie  "A  SUiVRE",  le 
symbole  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
filmte  A  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  11  est  f  iimA  d  partir 
de  Tangle  supArleur  gauche,  de  gauche  A  droite. 
et  de  heut  en  bes.  en  prenant  le  nombre 
d'images  nAcessslre.  Les  diagrammes  sulvants 
illustrent  la  mAthode. 


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'      ^  .A    N 

E     S     S     AY 

ON  THE  CONSTITUTIONAL  POWER  OP 

G  R  E  AT-B  RI  r  A'lN 

OVER    THECOLONIES    IN 

AMERICA', 

"  •'  ■* 

'■  1-    '        -^  . 

WITH      T  H  :^  >:     V 

RESOLVE     S    ; 

OF    T  H  E 

COMMITTEE 

FOR     THE     PROVINCE     OF 

P  E  NN  STLFAN  I  A, 

■  ■  -"  I  •  . 

AND    THEIR 

INSTRUCTIONS 

Totheir  REPRE  SENTATIVES 
IN       ASSEMBLY. 


PHILADELPHIA: 

Printed  and  Sold,  by    William  and  Thomai 
Bradford^  at  the  London  Coffee-Hou/K 


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Extract  from  the  Minutes  of  the 
COMMITTEE. 


■  '     ni.i.-.    jU' 


SATURDAT,      July    i6,     [1774.] 

THE  committee  for  the  f  province  of  Pennjylvania\  met 
according  to  adjv)urnment.        .    yc;*.  iu  .-    ^s.  r^.v  ' 

John  Dickinson,  Doflor  William  Smith,  Joseph 
Read,  John  Kidp,  Ei.isha  Price,  William  Atlk2, 
James  i>MiTH,  Jamis  Wilson,  Daniel  Broadheap, 
John  Okei.y,  aud  William  Scull,  are  appointed  to 
prepare  and  bring  in  a  draught  of  inilrudions. 

Monday,  July  18.  *  The  conunittee  appointed  to  bring 
in  inftruftions,  reported,  that  they  had  made  a  draught, 
which  they  laid  upon  the  table,         '     , 

Mo'vedt  That  they  be  read, — which  was  done.     "^ 


Tue/Jay,  July  19,  Upon  a  motion  made  and  feconded, 
agreed  that  the  draught  of  inllrudtions  brought  in  by  the 
committee,  and  which  were  read,  be  re-committed  to  the 
fame  committee. 


,'./Lb:     \.i    '  s.!-;,;.; 


-.-;::^;h.  M'^i! 


']  Wednejday,  July  20.  The  committee  having  brought  in 
&  draught  of  initrudions,  the  lame  were  debated,  amended 
and  agreed  to. 

A  2     :'       V"  ■    ;'"  !.      Thur/dajt 


,'•*■• 


'1  ,f-i 


*  The  committees  of  the  counties  having  bcch  invited,  by  the 
committee  tor  the  city  and  county  of  Philadelphia,  to  meet  them 
at  Philadelphia  on  the  ijth  ot  July  ;  this  committee  thought  it  their 
duty,  to  make  Tome  preparation  in  the  bufinels,  that  was  te  be 
laid  before  the  provincial  com'mittee  by  them.  On  the  4th  of 
July  they  appointed  a  committee  for  this  purpofc  ;  and  this  mea- 
fure  enabled  thofe  appointed  by  the  provincial  committee  to  briu|f 
in  a  draught  fo  foon. 


I 


I    iv    ] 


Tiur/Hay^  July  1 1 .  The  inllruAinns  were  figned  by  the 
chairman.— I'he  committee  in  a  body,  waited  on  the 
AflJembly  then  fitting,  and  prefented  the  fame. 

It  having  been  moved,  that  the  eflay  of  the  inftruflions 
firft  propoled  to  be  tiven  to  the  honourable  Affembly  of 
Penn/yl'vania^  by  the  provincial  committee  aU'embled  at 
Philaaeiphia  i\ic  1 8th  inftant  might  be  abridged,  leaving 
out  the  argumentative  part,  fo  as  to  be  more  pioptr  for 
inlliudions,  the  fame  was  agretd  to ;  but  rtfoked  at  the 
fame  lime,  that  the  whole  work  ought  to  be  publilhed,  as 
highly  delcrving  the  perulal  and  feriou.*  confideration  of 
every  friend  of  liberty  within  thefe  colonics.        ^ 


,^ 


Agretd  unanimoujly^  That  the  thanks  §  of  this  committee 
b^  given  from  the  chair  to  John  Dickinson,  Efq;  for 
the  great  aflillance  they  have  deiived  from  the  laud&ble 
application  of  his  eminent  abilities  to  the  fervicc  of  his 
country  in  the  above  performance, ,  ,       ,,., 

ExtraEi   /rem    tht   Minutts,  '  r'  /        .  !  i 

CHAKLES   IHOMSON,  Clerk  of  tht  Committte. 


^  *         P  R  E- 

§  Mr.  Dickinson    being   abfent   this  day,   on  account  of 
the  funeral  of  a  relation,  the  next  diiy  the  chairman,  in   a  very 
obliging  maimer,  delivered  to  him  from  the  chuir  the  thankt   of 
the  committee  ;  to  which  he  replied  : 
'•  Mr.  Chairman, 

"  I  heartily  thank  this  rcfpetaablc  AflTcmbly  for  the  honour 
they  have  confened  upon  me,  but  want  words  to  exprcfs  the 
fenfe  I  feel  ot  thtii  kiudnefs.  The  mere  accidents  of  meeting 
with  particular  books,  and  converting  with  particular  men,  led 
sne  into  the  train  of  fcntiments,  which  the  committee  are  pleafed 
to  think  juft  ;  and  others,  with  the  like  opportunities  of  informa- 
tion would  much  bettei  have  defervcd  to  receive  the  thanks, 
they  DOW  gcneroufly  give.  I  coniider  the  approbation  of  this 
company  as  an  evidence,  that  they  entertain  a  favourable  opini- 
on of  my  good  intentions,  and  as  an  encouragement  for  all  to 
apply  themftlvcs,  in  thefe  unhappy  times,  to  the  fervice  of  the 
public,  fince  even  fmall  endeavours  to  promote  that  fervicc,  can 
find  a  very  valuable  reward.  I  will  t|;y,  during  the  remainder 
©f  my  life,  to  remember  my  duty  to  our  common  country, 
and,  it  it  be  pofljble,  to  render  myfelf  worthy  of  the  honour 
tot  which  I  now  ftand  fo  deeply  indebted. 

r  '  y  I  thank  you,  Sir,  for  the  polite  and  aflPeiflionate  manner,  in 
^  which  you  have  communicated  the  fcnfc  of  the  committee  to  me." 


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P    R    E    F    A    C    E. 


WHEN  the  committee  for  p^re- 
paring  a  draught  of  inftruc- 
tions  was  appointed,  it  was  confider- 
ed,  whether  it  would  not  be  proper, 
to  form  fome  kind  of  a  Iketch, 
however  imperfeft  it  might  be,  of  all 
the  grievances  of  the  colonies,  and 
of  courfe  of  their  conflitutional  rights. 

'"'  Such  an  attempt,  tho'  very  rude, 
might  be  improved  by  better  hands; 
and  it  feemed  abfolutely  neceflaty,  no 
longer  to  confine  ourfelves  to  occa- 
fional  complaints  and  partial  reme- 
dies, but,  if  poffible,  to  attain  fomc 
degree  of  certainty  concerning  our 
lives,  liberties  and  properties.     ;,^,,.  ~ 


'   « 


flifit 


'  ■  '  It  was  perceived,  that  if  the  indruc- 
tions  (hould  be  formed  on  this  plan, 
they  would  comprehend  m.any  and  ve- 


ry  important  pofitions,  which  it  would 
be  proper  to  introduce,  by  prcvioully 
alhgning  die  rcalbns,  on  which  they 
were  founded.  Oiherwifc,  the  pofi* 
tions  might  not  appear  to  the  com- 
mittee to  be  juft.  From  this  confi- 
deration  it  became  necelTary,  to  ren- 
der the  inftruflions  long  and  argu- 
mentative ;  and  whoever  candidly 
reflefls  on  the  importance  of  the  oc- 
cafion,  will  think  fuch  a  method  very 
juftifiable. 

♦•  ■  .     .  ■ 

The  draught  of  inflrufiions  being 
brought  into  the  provincial  commit- 
tee and  read,  and  no  objection  being 
made  to  any  of  the  principles  aflerted 
in  them,  it  was  not  thought  neceffary, 
that  the  argumentative  part  (hould 
continue  any  longer  in  them.  The 
committee,  that  brought  in  the 
draught,  therefore  moved,  that  this 
part  of  the  infiru61ions  might  be  fe- 
parated  from  the  reft.  Whereupon 
the  draught  was  re  committed,  for 
this  purpofe,  to  the   committee,  that 


i  ' 

brought  it  in. 

Ihis  was  done. 

.,  "tkv     -<«.-'    *■■*     >'  ■ 

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Several      additions     have     been 


made  to  the  other  part,  now  called 
*'  An  Effay,"  &c.  fincc  the  vote  for  pub- 
lilhing.  The  additions  are  diftinguifh- 
ed  by  crotchets,  thus  [  ]  and  in 
thcfe  it  was  not  thought  necelTary  to 
obferve  the  Ilile  of  inflruftions.  The 
notes  have  been  almoll  entirely  ad- 
ded fince  the  vote. 


August  i,  1774. 


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■  *  • 

RESOLUTIONS,  ^c. 


^/  a  provincial  meeting  ef  deputies  chofoi  by 
the  fevcral  counties^  in  Pennfylvania,  held  at 
Fhiladelphia,  July  15,  17  /^^  and  continued  by 
adjournments  Jrom  day  to  day. 

PRESENT. 

For  the  city  and  county  of  Philadelphia, 


Thomas  Willing, 
John  Dickinson, 
Peter  Chevalier, 
Edw.  Pennington, 
Thomas  Wharton, 
John  Cox, 
Joseph  Reed, 


Joseph  Moulder, 
Anth.  Morris,  jun. 
George  Gray, 
John  Nixon, 
Jacob  Barge, 
Thomas  Penrose, 


John  M.  Nesbit, 
Tho.  Wharton,  jun.  Jonathan  B.  Smith, 
Samuel  Erwin,  'James  Mease, 

Thomas  Fitzmmons,   Thomas  Barclay, 
Dr.  William  Smith.  Benjamin  Marshall, 


Isaac  Howell, 
Adam  Hubley, 
George  Schlosser, 
Samuel  Miles, 
Thomas  Mifflin, 


Samuel  Howell, 
William  Moulder, 
John  Roberts, 
John  Bayard, 
William  Rush, 


Christoph*  LuDwic,' Charles  Thomson. 

A  Bucks, 


wm 


/^< 


r^  ] 


Bucks. 
John  Kidd,  John  Wilkinson, 

Henry  WvrKOOP,       James  Wallace. 
Joseph  Kirkbride, 

Chejier. 
Fran.  Richardson,     Hugh  Llovd, 
Elisha  Price,  John  Sellers, 

John  Hart,  Francis  Johnson, 

Anthony  Waine,        Richard  Reiley. 

Lane  after. 
George  Ross,  Emanuel  Carpenter, 

James  Webb,  "William  Atlee, 

Joseph  Ferree,  Alexander  Lowry, 

Matthias  Slough,      Moses  Erwin, 

Toi'k. 
James  Smith,  Thomas  Hartley. 

Joseph  Donaldson, 

Cumberland. 
James  Wilson,  William  Irvine. 

Robert  Magaw, 

Berks. 
Edward  Biddle,         Thomas  Dundas, 
Daniel  Broadhead,   Christoph.  Schultz. 
^,  Jonathan  Potts, 

Northampton.  ' 

William  Edmunds,     JohnOkeley, 
Peter  Kechlein,         Jacob  Arndt^ 

Northumberland. 
W^illiam  Scull,  Samuel  Hunter. 

Bedford, 
George  Wooi^s.  /.  '  , 

fVeftmor  eland. 
Robert  Hannah,       James  Cavett. 

THOMAS 


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THOMAS  WILLING,  Chairman. 

CHARLES  THOMSON,  Clerk. 

Agreed  that,  in  cafe  of  any  difference  in 
fentiment,  the  queftion  be  determined  by  the 
deputies    voting    by    counties. 

The  letters  from  Bojion  of  the  13th  of  May 
were  then  read,  and  a  fhort  account  given  of  the 
fleps  taken  in  confequence  thereof,  and  the 
meafures  now  purl'uing  in  this  and  the  neigh- 
bouring provinces;  after  which  the  following 
RESOLVES  were  paired. 

TT         T   ^TnHAT  we  acknowledge  ourfelves, 

UnAN.  I.       I  ,,•.!•  r     w 

JL  and  the  mhabitants  or  this  pro- 
vince, liege  fubjedls  of  his  majtfty  king  George 
the  third,  to  whom  ihey  and  we  owe  and  will 
bear  true  and  faithful  allegiance 

Unan.  II.  That  as  the  idea  of  an  uncon- 
ftitutional  independence  on  the  parent  (late  is 
utterly  abhorrent  to  our  principles,  we  view  the 
unhappy  differences  between  Great  Britain  2ind 
the  Colonies  with  the  decpell  diftrefs  and  anx- 
iety of  mind,  asfruitlefs  to  her,  grievous  to  us, 
and  deftrudive  of  the  beft  interefts  of  both. 

Unan.  III.  That  it  is  therefore  our  ardent 
defire,  that  our  ancient  harmony  with  the  mo* 

A  2  ther 


I  ■.'■ 


f  I 


[    4    ] 

ther  country  (hould  be  reftored,  and  a  perpe- 
tual love  and  union  fubfiH:  between  us,  on  the 
principles  of  the  conftitution,  and  an  inter- 
change of  good  offices,  without  the  lead  in- 
fraflion  of  our  mutual  rights. 

Unan.  IV.  That  the  inhabitants  of  thefc 
colonies  are  entitled  to  the  fame  rights  and  li- 
berties WITHIN  thefe  colonies,  that  the  fubje^ls 
born  in  England  are  entitled  to  within  that 
realm, 

Unan.  V.  That  the  power  aflumed  by  the 
parliament  of  GreatBr'Uain  to  bind  the  people 
of  thefe  colonies,  "  by  (latutes  in  all  Cases 
WHATSOEVER,"  IS  unconftitutional ;  and  there- 
fore the  fource  of  thefe  unhappy  differences. 

Unan.  VI.  That  the  a6t  of  parliament, 
for  (liutting  up  the  port  of  Boftony  is  unconfti- 
tutional; oppreffive  to  the  inhabitants  of  that 
town  *,  dangerous  to  the  liberties  of  the  Britijh 
colonies;  and  therefore,  that  we  confider  our 
brethren  at  Bofton  as  fuffering  in  the  commor; 
caufe  of  thefe  colonies, 

Unan,  VII.  That  the  bill  for  altering  the 
adminiftration  of  juftice  in  certain  criminal 
cafes  within  the  province  oi  MaJfachufetts^Bay,, 
if  pafled  into  an  afl  of  parliament,  will  be  as 
vnconftitutional,  oppreflive  and  dangerous,  as 
^he  ^6k  above-mentioned, 

Unan. 


■',?■ 


,       V' 


m 


[    5    ] 

Unan.  VIII.  That  the  bill  for  changing 
the  conftitutign  of  the  province  of  Maffachufetts 
Ba)\  cftabliflied  by  charter,  and  enjoyed  fince 
the  grant  of  that  charter,  if  paffed  into  an  aft 
of  parliament,  will  be  unconilituiional  and  dan- 
gerous in  its  confequences  to  the  Am£rican  CO- 
lonies. 

Unan.  IX.  That  there  is  an  abfolutc  nc- 
ceflity,  that  a  congrefs  of  deputies  from  the 
feveral  colonies  be  immediately  afiembled,  to 
conCult  together,  and  form  a  general  plan  of 
conduct  to  be  obferved  by  all  the  colonies,  for 
the  purpofes  of  piocuring  relief  for  our  fufFer- 
ing  brethren,  obtaining  redrcfs  of  our  griev- 
ances, preventing  future  difienfions,  firmly 
eftablifhing  our  rights,  and  rcfl:oring  harmony 
between  Great-Britain  and  her  colonies  on  a 
conftitutional  foundation, 

Unan.  X,  That,  although  a  fufpenfion  of 
the  commerce  of  this  large  trading  province, 
with  Great-Britain,  would  greatly  diftrefs  mul- 
titudes of  our  induftrious  inhabitants,  yet  that 
facrifice  and  a  much  greater  we  are  ready  to  offer 
for  the  prefervation  of  our  liberties-,  bat,  in 
tendernefs  to  the  people  of  Great-Britain,  as 
well  as  of  this  country,  and  in  hopes  that  our 
juft  remonftrances   will,    at  length,  reach  the 


cars 


I    r 


^  >r 


V.      ,i 


'i  ■  .   (■' 


'..    V 


C    6    ] 

cars  of  our  gracious  fovereign  and  be  no  longer 
treated  with  contempt  by  any  of  our  fellow 
fubjedls  in  England,  it  is  our  earneft  defire, 
that  the  congrcfs  (hould  firll  try  thr  gentler 
mode  of  dating  our  grievances,  and  niaking  a 
firm  and  decent  claim  of  redrefs. 

XI.  Resolved,  by  a  great  majority,  That 
yet  notwithftanding,  as  an  unanimiiy  of  coun* 
fels  and  meafures  is  iiidifpenfably  neceflary  for 
the  common  welfare,  if  the  congrefs  Ihall  judge 
agreements  of  non-importation  and  non-ex- 
portation expedient,  the  people  of  this  province 
will  join  with  the  other  principal  and  neighbour- 
ing colonies,  in  fuch  an  aflbciation  of  non-im- 
portation from  and  non-exportation  to  Great- 
Britain  as  fhall  be  agreed  on,  at  the  congrefs. 

XII.  Resolved,  by  a  majority.  That  if 
any  proceedings  of  the  parliament,  of  which 
notice  fhall  be  received,  on  this  continent,  be- 
fore or  at  the  general  congrefs,  fhall  render  it 
necefTary  in  the  opinion  of  that  congrefs,  for 
the  colonies  to  take  farther  fteps  than  are  men- 
tioned in  the  eleventh  refolvej  in  fuch  cafe, 
the  inhabitants  of  this  province  fhall  adopt  fuch 
farther  fteps,  and  do  all  in  their  power  to  carry 
them  into  execution. 

Unan.  XIII.  That  the  venders  of  mer- 
chandize of  every  kindj  within  this  province^ 

.  .  ought 


§1 


M 


[    7    ] 

ought  not  to  take  advantage  of  the  rcfolvcs 
relating  to  non-importation  in  this  province  or 
clfe  where;  but  that  they  ought  to  fell  their 
merchandize,  which  they  now  have,  or  may 
hereafter  import,  at  the  lame  rates  they  have 
been  accuftomed  to  do  within  three  months  iuft 
paft. 

Unan.  XTV.  That  tl-e  people  of  this  pro- 
vince will  bleak  off  all  trade,  commerce,  and 
dealing,  and  will  have  no  trade,  commerce, 
or  dealing  of  any  kind  with  any  colony  on  this 
continent,  or  with  any  city  or  town  in  fuch 
colony,  or  with  any  Individual  in  any  fuch  co* 
lony,  city,  or  town,  which  (hall  refufe,  de- 
cline, or  neglefb  to  adopt,  and  carry  into  exe- 
cution fuch  general  plan  as  fhall  be  agreed  to  in 
congrefs. 

Unan.  XV.  That  It  is  the  duty  of  every 
memberof  this  committee  to  promote,  as  much 
as  he  can,  the  fubfcription  fet  on  foot,  in  the 
feveral  counties  of  this  province,  for  the  relief 
of  the  diftrefled  inhabitants  of  BoJlotK 

Unan.  XV!.  That  this  committee  give 
inftrudfons  on  the  prefent  fituaiion  of  public 
affairs  to  their  reprefentativcs,  who  are  to  mecc 
next  week  in  AlTembly,  and  requcfl  them  to 
appoint  a  proper  number  of  perfons  to  attend 
a  congrefs  ot  deputies  from  the  feveral  colo- 
nics, 


^-i^^,*^ 


C    8    ] 


''(Alt*  /t^  j 


nics,  at  fuch  time  and  place  as  may  be  agreed 
on,  to  cfFeft  one  general  plan  of  conduft,  for 
attaining  the  great  and  important  ends  men- 
tioned in  the  ninth  refolve.     '^    ^    '-     *" '    * 


4 


f>,\  i     1     :." 


.   W    «t       ., 


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INSTRUCTIONS 


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^^^^iii^'^l^'illy^m^^^ 


INSTRUCTIONS 

From  the  Committee  to  the  Repre- 
sentatives in  Assembly  met. 

Gentlemen, 

THE  diflcnfions  between  Great-Britain  and 
her  colonies  on  this  continent,  com- 
mencing about  ten  years  ago,  fincc  continually 
encreafin^,  and  at  length  grown  to  fuch  an 
excefs  as  to  involve  the  latter  in  deep  diftrefs 
aifd  danger,  have  excited  the  good  people  of 
this  province  to  take  into  their  ferious  confi- 
deration  the  prefent  fituation  of  public  affairs. , 

The  inhabitants  of  the  feveral  counties  qua- 
lified to  vote  at  ele6lions,  being  afibmbled  on 
due  notice,  have  appointed  us  their  deputies; 
and  in  confequence  thereof,  we  being  in  pro- 
vincial committee  met,  efteem  it  our  indifpen- 
fible  duty,  in  purfuance  of  the  truft  repofed  in 
us,  to  give  you  fuch  inflruftions,  as,  ac  this 
important  period,  appear  to  us  to  be  proper. 

We,  fpeaking  in  their  names  and  our  own, 
acknowledge  ourfelves  liege  fubje(5^s  of  his  ma- 
jefty  king  George  the  ibird^  to  whom  "  we  will 
be  faithful  and  bear  true  allegiance.' 


** 


B 


Our 


c 


lO 


] 


R 


Our  judgments  aifd  affedlions  attach  us, 
with  inviolable  loyalty,  to  his  majefty's  perfon, 
family  and  i^overnment. 

•^('We  acknowledge  the  prerogatives  of  the  fo- 
vercign,  among  which  arc  included  the  great 
powers  ot  making  peace  and  war,  treaties, 
leagues  and  alliances  Ipindi  ^  us — of  appointing 
all  officers,  except  in  cafts  where  other  provi- 
fion  is  made,  by  grants  from  the  crown,  or 
laws  approved  by  the  crown — of  confirming 
or  annulling  every  aift  of  our  afllmbly  within 
the  allowed  time — and  of  hearing  and  deter- 
mining finally,  in  council,  appeals  from  our 
courts  of  juftice.  '*  The  prerogatives  ar?  li- 
mited," *as  a  learned  judge  obferves,  "  by 
bounds  i)  certain  and  notorious,  that  it  is  im- 
poffible  to  exceed  them,  without  the  confent 
of  the  people  on  the  one  hand,  or  without,  on 
the  other,  a  violation  of  that  original  contra^,§ 

which 

•   I  Blaclijlone  337. 

§  And  though  we  are  ftrangers  to  the  original  of  mod 
flates,  yet  we  mud  not  imagine  that  what  has  been  here 
faid,"  concerning  the  manner  in  which  civil  focieties  are 
formed,  is  an  arbitrary  fidlion.  For  fince  it  is  certain,  that 
all  civil  focieties  had  a  beginning,  it  is  impoHible  to  con- 
ceive, how  the  member."!,  of  which  they  are  compoffd, 
could  unite  to  live  together  dependent  on  a  fuprcme  autho- 
rity, without  fuppofing  the  covenants  abovementioned.      ^  •- 

BuRLEMAQUl's  Py/W.  o/*/<j/. /axu,    'Vol.    2.  p.  2^, 

And  in  faft,  u|jon  confidering  the  primitive  ftate  of  man, 
it  appears  raofl  certain,  that  the  appellations  of  fovereigns 
and  fuhjeds,  mailers  and  Haves,   are  unknown   to  nature. 

♦  Nature 


■M 


^■^ 


»yj;;!f|-.  fTW^ixi*-:'*-" 


n 


},<,'•  I     «i>Vi-' 


•Sf 


•■■'A 
V 

>'  -. 


f 


01 


.,,|j    .i...-l.'r      "''' 


ft£fi 


.  ■.  ^1  ..I       .    .,  ..(^     /■<',*»      llf  jlJ.  «'/  /J  .   ,1  .  f  1  s/^#- 

which,  in  all  dates  impliedly,  and  In  ours  moft 
exprefsly,  Ibbfiits  between  the  prince  and  fub- 
je(^. — For  thcle  prerogatives  are  veiled  in  the 
crown  fcr  the  fupport  of  focicty^  and  do  not  in- 

B  2  trench 


I  ~>  ■^ 


Nature  has  made  us  all  of  the  fame  fpecies,  all  equal,  all 
free  and  independent  of  each  other  ;  and  was  willing  that 
thofe,  on  whom  (he  has  bellowed  the  fame  faculties,  (hould 
have  all  the  fame  rights.  It  is  therefore  beyond  all  doubt 
that  in  this  primitive  (late  of  nature,  no  man  hr.s  of  himlelf 
an  original  right  of  commanvling  oihcrs,  or  any  title  to  fo- 
vcreignty. 

There  is  none  but  God  alone  that  has  of  lilmfelf,  and  in 
confequcnce  ot  his  nature  and  perfcdions,  a  natural,  efien- 
tial,  and  inherent  right  of  giving  laws  to  mankind,  and  of 
exercifing  an  ablolute  fovereignty  over  them.  The  cafe  is 
otherwife  between  man  and  man,  they  are  of  their  own  na- 
ture as  independent  of  one  another,  as  they  are  dependent 
on  God.  This  liberty  and  independence  is  therefore  a  right 
naturally  belonging  to  man,  ot  which  it  would  be  unjuil  to 
deprive  him  againll  his  will.  I  J.  p.  38. 

There  is  a  bt.Mutiful  paflage  of  Cicero' t  to  this  purpofe  *. 
Nothing  is  more  agreeahh  to  the  fuprtme  Deity,  that  goi'erns 
this  univer  e.,    than  ci-vil  Jcciities  la^dofuly  ejiabltjhed. 

When  therefor;-  we  give  tu  lovereigns  the  title  of  God's 
vicegcfents  upon  earth,  this  does  not  imply  that  they  de- 
rive their  authority  immediately  from  God,  but  it  figuifies 
only,  that  by  means  of  the  power  lodged  in  their  hands, 
and  with  which  the  people  have  iuvefted  them,  they  main-  ' 
tain,  agreeable  to  the  views  or  the  Deity,  both  order  and 
peace,  and  thus  procure  the  happinefs  of  mankind.    ' 

•*  -  /*         Id,  p.  /J.O.         ^ 


■'4;,i:"(' 


But 


*  Nihil  cfl:  llli  principl  Deo,  qui  omncm  hunc  mundum  regit, 
quod  quidem  in  terris  fiat  acceptlus,  quam  coniilia  ccEtufque  honiir 

iviiates  appclluiuur.     S'jnvi,  SaP.  c.  ■,. 


ir 


jure 


qua: 


.[ 


12 


J 


ill 


trencliany  farther  on  our  «^//^r^/ liberties,  than 
is  expedient  for  the  maintenance  of  our  civiL'* 

But  it  is  our  misfortune,  that  vvc  are  com- 
pelled loudly  to  call  your  attention  to  the  con- 
fideration  of  another  power,    totally  diiTcrenc 

in  kind limited,    as  it  is  alledged,    by  no 

**  bounds,'*  and  §  *'  wearing  a  moft  dreadful 
afpedt,"    with  regard   to  America.     We  mean 

the 


iir  ,' 


p  ! 

in 


J- 


:5j^ 


II*  • 


But  it  will  be  here  objetJled,  that  the  fcripture  itfelf  fays, 
that  every  man  ought  to  be  fubjcQ  toihc  fupreme  powers, 
becaufe  they  arc  eliablilhed  by  God  *.  I  anfwer,  with  Gio- 
tiust  that  men  have  eflabliihed  civil  focieiies,  not  in  confe- 
quence  of  a  divine  ordinance,  but  of  their  voluntary  mo- 
tion, induced  to  it  by  the  experience  they  had  had  of  the 
incapacity  which  fcparate  families  were  under,  of  defending 
themfelves  againi^  the  infults  and  attacks  of  human  violence. 
From  thence  (he  adds)  arifes  the  civil  power,  which  St. 
Fcter^  for  this  reafon,  calls  a  human  power, ||  thouj^h  in 
other  parts  of  fcripture  it  bears  the  name  of  a  divine  infti- 
tution  t,  becaufe  God  has  approved  of  it  as  an  eflablifh- 
ment  ufeful  to  mankind  %'  <i> 

All  the  other  arguments,  in  favour  of  the  opinion  we 
have  been  here  refuting,  do  not  even  deferve  our  notice. 
In  general,  it  may  be  obferved,  that  never  were  more 
wretched  reafons  produced  than  upon  this  fubje6l,  as  the 
reader  may  be  eafily  convinced  by  reading  Puffendorf  on  the 
law  of  nature  and  nations,  who,  in  the  chapter  correfpond- 
ing  to  this^  gives  thefc  arguments  ac  length,  and  com< 
pleatly  refutes  them  H.  Id.  p.  42,  43. 

*  Rom.  xili.         II  i.  Ep.  c.  z.  v.  13.         f  Rom.  xiii.  i. 

\  Grotius  of  the  right  of  wai  Sc  peace,  b.  I.  c.  4  §  7,  i*.  No.  3 

51  Sec  'he  law  of  nature  and  nations,  book  VII.  c.  3. 


§  I  Blackjione  270. 


[     Ki     J 

the  power  claimed  by  parliament,  ofr^glir,  lo 
bind  the  people  of  t'lclc  colonies  by  lt.utir<^«^' 

*'    IN    ALL    CASES    VVJI ATSOE  VE  R*' — a  pOWtT,     ai 

wc  are  nol,  and»  from  local  circiimdances,  ca::- 
mt  be  reprellntcd  then*,  uiteily  rubvtrlive  ot^ 

our  natural  and  civil  liberties pall  event.i 

and  realon  convincin^.^,  u*?,  that  there  never  ex- 
ided,  and  never  can  txill,  a  Hare  ilus  fubordl- 
nate  to  another,  and  yec  retaining':  the  llii?hicn: 
portion  of  freedom  or  happinefs.  '  ''^'' 

The  imporc  of  the  words  above  quoted 
needs  no  defcant;  for  the  wit  of  m.ui,  as  wc 
apprehend,  cannot  pofTibiy  form  a  more  clear, 
concife,  and  compreiienfive  definition  and  fci- 
fence  of  flavcry,  than  thefe  expitfilons  contain. 

Thi'?  power  claimed  by  GrerJ-Britr.in,  rtnl 
the  late  attempts  to  excrcife  ic  over  tliefc  colo- 
nies, prelent  to  our  view  two  events,  one  of 
which  muH:  i?ievitably  take  pl^ce,  if  (lie  (hall 
continue  to  infifb  on  her  pretenfions.  Either^ 
the  colonifts  will  fink  from  the  rank  of  free- 
men into  the  clafs  of  flavcs,  overwhelmed  with 
all  the  miferies  and  vices,  provM  by  the  hillory 
of  mankind  to  be  infeparably  annexed  to  thar 
deplorable  condition  :  Or,  if  they  have  fenft- 
and  virtue  enough  to  exert  themfelves  in  driving 
to  avoid  this  perdition,  they  mud  be  involved 
in  an  oppofition  drv-fadful  even  in  contemplation. 


'■":.    ••';^->f  ,:.;^ 


?  it! 


[ 


.    » 


m 


H    3 

llomur^  jujiicc,  and  humanity  call  upor  us  to 
iiold,  antl  to  tranrniit  to  our  pollrrity,  that  li- 
bcrty»  which  wc  rcccivtxi  from  our  ancc(tors. 
It  is  not  our  du^y  to  leave  wealth  to  our  chil- 
r^scn :  But  it  is  our  duty,  to  leave  liberty  to 
them.  No  infamy,  iniquity,  (tr  cruelry,  ran 
exceed  our  own,  if  we,  born  and  educated  in 
a  country  of '.rcedoin,  entitled  to  its  blelfmns, 
and  knowing  their  value,  pufilanimouriy  de- 
lerting  the  poll  affigncd  us  by  divine  Provi- 
dence, lurrender  lucceeding  generations  to  a  con- 
dition of  wretchedneH:,  from  which  no  human 
efforts,  in  all  probability,  will  be  fufficient  to 
extricate  them  -,  the  experience  of  all  llates 
mournfully  demonfl rating  to  us,  that  when  ar- 
bitrary power  has  been  eftablifhcd  over  them, 
even  the  wifcfl:  and  braved  nations,  that  ever 
fiourilhed,  have,  in  a  few  years,  degenerated 
into  abjc6l  and  wretched  vafTals, 

So  alarming  are  the  meafures  already  taken 
for  laying  the  foundations  of  a  defpotic  autho- 
rity of  Great-Britain  over  us,  and  with  fuch  art- 
ful and  incefTanc  vigilence  is  the  plan  profecuted, 
that  unlefs  the  prefent  generation  can  interrupt 
the  work,  while  it  is  going  forward^  can  it  be 
imagined,  that  our  children,  debilitated  by  our 
imprudence  and  fupinenefs,  will  be  able  to  over- 
throw it,  when  compleated?  Populous  and  pow- 
erful as  thefe  Colonies  may  grow,  they  will  dill 
find  arbitrary  domination  no:  only  ftrengthcning 

with 


C     15    ] 

with  their  ftrcngth,  hut  exceeding,  in  the  fwifr- 
ncls  of  its  prof^rclTion,  as  it  ever  has  do.ic,  all 
the  artlcfs  advantages,  thar  can  acrue  to  the  go- 
verned. Thefe  advance  with  a  regularity,  which 
the  d'vine  author  of  our  exiftence  has  imprLlTed 
on  the  lau.iable  puriuirs  ot  his  creatures :  But 
dcfpotinn,  *  unchecked  and  unbounded  by  any 
laws'^ncytx  fatisfied  with  what  has  been  done, 
while  any  thing  remains  to  be  done,  for  the  ac- 
complilhmenc  of  its  purpolcs — conliding,  and 
'\     ;,  capable 

•  As  virtue  is  nccenary  in  a  republic,  and  in  a  monarchy 
honor,  fo  fear  ik  neccHury  in  a  defpotic  govornnunt:  with 
rtrp;ard  to  virtue,  there  is  no  occafion  for  it,  and  honor 
would  be  extremely  dangerous. 

'iere  the  irnmenfc  power  of  the  prince  is  devolved  intlrely 
upon  th<.fe  to  whom  he  is  pleafed  to  cntruft  it.  Terfons  ca- 
pable of  fetting  a  value  upon  chemfclvcs  would  be  likely  to 
create  revolutions.  Fear  mull  therefore  dcprefs  their  Ipirits, 
and  extincailh  even  the  lead  fenfe  of  ambition. 

Mont.  Spir,  rf  Lawj,  'vol.  i.  6.  III.  (fj.  9. 
j^M  idea   of  defpotic  pcivir. 

When  the  favages  of  Louifiaiia  are  defirous  of  fruit, 
they  cut  the  tree  to  the  root,  and  gather  the  fruit  f .  Thia 
is  an  «/w/V^/»  of  defpotic  government.     IJ.bcokV.c.  13. 

The  principle  of  defpotic  government  is  fear  ;  but  a 
timid,  ignorant,  and  faint  fpirited  people  have  no  occafion 
for  a  great  number  of  laws. 

Every  thing  ought  to  depend  here  on  two  or  t  h  r  e e  ideas ; 
therefore  there  is  no  neceflity  that  any  new  notions  Ihould 
be  added.  When  we  want  to  break  a  horfe,  we  take  care 
not  to  let  him  change  his  mafter,  his  leffbn,  or  his  pace. 
Thus  an  imprcflion  is  made  on  his  brain  by  two  or  three 
motions  and  no  more.  ;    y.  took  V.  ch,  14.  '^•^  '""'' 

'  r. 

f  Edifying  letters,  11  coll.  p.  3 1^. 


•^ 


f 


m\ 


X' 


!    ) 


capable  of  confiding,  only  in  the  annihihition  of 
nil cppofifion^-'\\o\y\\i  its  courlewith  Juch  unabat- 
ing  and  deilruflivc  rapidity,  that  the  world  has 
bccon7eits  prey,  and  at  this  day,  Great-Britain 
;:nd  licr  domuiions  excepted,  there  is  fcarce  a 
Jpot  on  the  globe  inhabited  by  civilized  nations, 
where  the  velliges  of  freedom  are  to  be;  oblerved. 

To  us  therefore  it  appears,  at  this  alarming 
period,  our  duty  to  God,  to  our  country,  to 
uurfelvcs,^  and  to  our  poUerity,  to  exert  ourut- 
molt  ability,  in  promoting  and  cftablifhing  har- 
mony between  Great -Britain  and  thefe  colonies, 

ON   A  CONSTITUTIONAL  FOUNDATION. 

For  attaining  this  great  and  defirable  end, 
we  requell:  you  to  appoint  a  proper  ri.  mber  of 
perfons  to  attend  a  congrefs  of  deputies  from 
the  fcveral  colonies,  appointed,  or  to  be  ap- 
pointed»  Ly  the  reprefentatives  of  the  people 
of  the  colonies  refpedively  in  afferobly,  or 
convention,  or  by  delegates  cholen  by  the 
counties  generally  in  the  refpedive  colonies, 
and  met  in  provincial  committee,  at  fuch  lime 
and  place  as  fhall  be  generally  agreed  on:  And 
that  the  deputies  from  this  province  may  be  in- 
duced and  encouraged  to  concur  in  fuch  mea- 
furcs,  as  mav  be  devifed  for  the  common  wel- 
fare,  we  think  it  proper,  particularly  to  inform 
you,  how  far,  we  apprehend,  they  will  be  fup- 
|)ortea  \y,  ihciL-  condud  by  their  conftituents. 
''/-^''-  ^      [In 


,.,W;. 


r  »7  3 

'    {In  thiS  place  was  inferted  the  argumentativ$ 
part^  which  in  this  publication  is  called  "  An 

The  affumed  parliamentary  power  of  internal 
legiQation,  and  the  power  of  regulating  trade, 
as  of  late  exercifed,  and  defigned  to  be  exer- 
cifcd,  we  are  thoroughly  convinced,  will  prove 
unfailing  and  plentiful  fources  of  diffcntions  to 
our  mother  country  and  thefe  colonies,  unlefs 
fome  expedients  can  be  adopted  to  render  her 
fecure  of  receiving  from  us  every  emolument, 
that  can  in  juflice  and  reafon  be  expcdled,  and 
us  fecure  in  our  lives,  properties,  and  an  equi- 
table ihare  of  commerce. 

Mournfully  revolving  in  our  minds  the 
calamities,  that,  arifing  from  thefe  diffcntions, 
will  moft  probably  fall  on  us  and  our  children, 
we  will  now  lay  before  you  the  particular  points 
we  requeft  of  you  to  procure,  if  polTible,  to  be 
finally  decided  ;  and  the  meafures  that  appear  to 
us  moft  likely  to  produce  fuch  a  defirable  pe- 
riod of  our  diftrelfcs.  and  dangers.  We  there- 
fore defire  of  you---  ,' 

First  That  the  Deputies  you  appoint, 
may  be  inftrufted  by  you  ftrenuoufly  to  exerc 
ihemfelves,  attheenluing  Congrefs,  to  obtain 
a  renunciation,  on  the  part  of  Great-Britain^  of 

C  all 


|!:P. 


[;V^i,'3 


■         C    18   J 

all  powers  under  the  ftatuteof  the  35  of  Htnry 
the  eighth,  chapter  the  2d.— of  all   powers  of 
internal  legiflation-  -ot  impofing  taxes  or  duties 
internal  or  external— and   of  regulating  trade, 
except  with  refpcft  to  any  new  articles  of  com- 
merce, which  the  Colonies  may  hereafter  raife, 
as  filk,  wine,  &c.  referving   a   right  to  carry 
thefc  fiom  one  colony  to  another— a   repeal  of 
all  ftatutes  for  quartering  troops  in  the  Colonies, 
or  fubjedling  them  to  any   expence  on  account 
of  fuch  troops— of  all  ftatutes  impofing  duties 
to  be  paid  in  the  Colonies,  that  were  pafled  at 
the  acceflion  of  his  prefent  Majefty,  or  before 
this  time  •,  which  ever  period  fhall  be  judged 
moft   advifeable-'Of  the  ftatutes    giving   the 
courts    of  admiralty  in   the    colonies    greater 
power  than  courts  of  admiralty  have  in  England 
— ^of  the  ftatutes  of  the   5th  of  George  the  fc- 
cond,  chapter   the  2 2d,    and  of   the  23d   of 
George  the  fecond,  chapter  the  29th-'. of  the  fta- 
tute  for  fiiutting  up  the  port  of  Bofton— and  of 
every  other  ftatute  particularly  afFeding  the  pro- 
vince of  Majfacbufetts  Bay^  pafTed   in  the  laft 
feflion  of  Parliament. 

Tn  cafe  of  obtaining  thefe  terms.  It  is  our  opi- 
nion, that  it  will  be  reafonable  for  the  colonies 
to  engage  their  obedience  to  the  afls  cf  parlia- 
ment, commonly  called  thea(5lsof  navigation, 

and 


'      C     »9    ] 

and  to  every  other  afl  of  parliament  declared  to 
have  force,  at  this  time,  in  thefe  colonies,  other 
than  thofe  above-mentioned,  and  to  confirm 
fuch  ftatutes  by  a6ts  of  the  feveral  alTemblies. 
It  is  alio  our  opinion,  that  taking  example  from 
our  mother  country,  in  abolilhing  the  "  courts 
of  wards  and  liveries,  tenures  in  capite,  and 
by  knight's  Ccrvice,  and  purveyance,"  it  will  be 
reafonable  for  the  colonies,  in  cafe  of  obtaining 
the  terms  before  mentioned,  to  fettle  a  certain 
annual  revenue  on  his  majefty,  his  heirs  and 
fucceffors,  fubjedt  to  the  controul  of  parliament, 
and  to  fatisfy  all  damages  done  to  the  Eaji- 
India  company* 

This  our  idea  of  fettling  a  revenue,  arifes 
from  a  fenfe  of  duty  to  our  fovereign,  and  of 
cfteem  for  our  mother  country.  We  know 
and  have  felt  the  benefits  of  a  fubordinate  con- 
nexion with  her.  We  neither  are  fo  ftupid  as 
to  be  ignorant  of  them  ;  nor  fo  unjufl:  as  to  de* 
ny  them.  We  have  alfo  experienced  the  plea- 
fures  of  gratitude  and  love,  as  well  as  advan- 
tages from  that  connexion.  The  impreffions 
are  not  yet  erafed.  We  confider  her  circum- 
flances  with  tender  concern.  We  have  not 
been  wanting,  when  conftitutionally  called  up- 
on, to  affift  her  to  the  utmoft  of  our  abilities ; 
infomuch  that  fhe  has  judged  it  reafonable  to 

C  2  make 


i 


mm 

-if 


I  • 


I    »o    ] 


make  us  recompcnccs  for  our  overtrained  ex- 
ertions :  And  we  now  think  we  ought  to  con- 
tribute more  than  we  do,  to  the  alleviation  of 
her  burthens. 


?  u 


Whatever  rray  be  faid  of  thefe  propofals 
on  either  (ide  of  the  Atlantic^  this  is  not  a  time, 
either  for  timidity  or  raftinefs.  We  pertedtly 
know,  that  the  great  caufc  now  agitated,  is  to 
be  conducted  to  a  happy  conclufion,  only  by 
that  well  tempered  compofition  of  counfels, 
which  firmnels,  prudence,  loyalty  to  our  So- 
vereign, refped  to  our  parent  State,  and  at- 
fe6tion  to  our  native  country,  united  mud 
form. 

By  fuch  a  compaft.  Great  Britain  m\\  fecure 
every  benefit,  that  the  parliamentary  wifdom  of 
ages  has  thought  proper  to  attach  to  her.  From 
her  alone  we  (hall  continue  ro  receive  manufac- 
tures. ^0  her  alone  we  (hall  continue  to  carry 
the  vaft  multitude  of  enumerated  articles  of  com- 
merce, the  exportation  of  which  her  policy  has 
thought  fit  to  confine  to  herfelf.  With  fucb  pdtrts 
ef  the  world  only ^  as  (he  has  appointed  us  to  deal, 
we  Ihall  continue  to  deal ;  and  fuch  commodities 
cnly^  as  (he  has  permitted  us  to  bringirom  them, 
we  (hall  continue  to  bring.  The  executive  and 
€oninulin^  powers  of  the  crown  will  retain  their 

prefent 


c 


21 


] 


prcfcnt  full  force  and  operation.  We  (hall  con- 
tcntcdly  labour  for  her  as  affcdionate  friends^ 
in  time  of  tranquility  ;  and  cheerfully  fpend 
for  her,  as  dutiful  children^  our  treafurc  and 
our  blood,  in  time  of  war.  She  will  receive  a 
certain  income  *  from  us,  without  the  trouble  or 

cxpence 

•  The  train  of  Officers,  employed  by  Great-Britain, 
confume  a  very  large  part  of  what  (he  takes  from  us.  She 
therefore  increafes  our  dillrefles  to  make  up  for  that  con- 
iiimption.  They  will  hereafter  grow  more  and  more  op- 
preflive,  we  more  and  morejunealy;  ,flie  more  and  more  dif- 
turbed.  We  could  raife  aft-e^ualTum  in  a  much  more  eajy^ 
tqualt  and  cheap  manner,  than  ihe  can  do.  The  attention  of 
fmall  dates  extends  much  more  efficacioufly  and  beneficial!/ 
to  every  part  of  the  territories,  than  that  of  i:he  adminidra^ 
tion  of  a   vaft  empire.     The  reprefentatives  in  affembly, 

WHO  ARE  TAXED,    WHEN    THE  PlOPLE    ARE  TAXED,    AND 

ACCOUNTABLE  TO  Tij  E  M^vrtllkave  doublc  motires  to  take 
care,  that  the  r«//f//g-^inoney  ismanaged  in  the  bed  way. 
The  Houfe  of  Commons  would  not  bear  to  examine  everf 
particular  relating  to  the  juft  taxation  o^  every  county  on  thii 
continent,  zn^  to  fettle  all  the  accounts  fairly.  Jf  they  couli 
go  through  the  immenfe  labour,  it  would  be  impofiible  for 
them  to  do  any  other  bufmefs  In  fliort,  by  not  doing  it, 
they  would  be  uhjujl ;  by  doing  it  they  would  be  ujdefu 
Equity  and  reafon  demonflrate  that  fuch  a  power  belongs  not 
to  them.  Thfl  fawn  rgnfoning  holdg  ac  to  tho  nffliMtim 
of  moneyi  We  have  had  fome  remarkable  inflances  on  this 
continent  fome  itsu  years  ago,  of  the  crown  being  according 
to  all  the  forms  of  huf fiefs  charged  with  Att'icleSt  that  never 
went  to  the  ufe  of  the  crown.  Thefe  vjtvt  perquiftes^  and 
who  could  be  fo  puritanical  as  to  blame  the  civil  word.  It 
is  faid,  our  barracks  coll  about  £.  8000  of  this  money — - 
and  that  the  barracks  at  another place^  not  ueferving  a  ccm- 

pariion 


'I'  I 


c 


22 


] 


expence  of  colle6ling  it — without  being  con- 
ftantly  dlfturbed  by  complaints  of  grievances, 
which  (he  cannot  juftify,  and  will  not  redrcfs. 
In  cafe  of  war,  or  in  any  emergency  of  diftrefs 


to 


ii- 


I  h 


parifon  with  ours,  coft;^.  40,000  fterliag.  We  built  our 
own,  ourfehest  and  were  as  faving  and  careful  as  we  could  be, 
it  may  be  fuppofed.  If  money  is  raifed  upon  us  by  parlia- 
ment ;  of  one  thoufand  pounds,  taken  out  of  our  pockets, 
not  one  hundred,  in  all  probability,  will  be  ufefully  applied 
to  the  fervice  of  the  crown.  Deficiencies  will  cnfue— 
they  muft  be  fupplied— other  afts  are  made  -fiill  others- 
till  our  •  "  unrepre/ented  blades  of  grajsy^  too  frequently 
and  clofely  cut  down  and  expofed  to  the  burning  heat  of  an 
unfetting  Sun,  ever"  in  its  meridiarit^  perifti  to  their  deep-, 
cfl  roots. 

**  There  is  not  upon  earth  (fays  the  excellent  Gordon) 
a  nation,  which  having  had  unaccountable  magiflrates, 
has  not  felt  them  to  be  crying  and  confuming  mifchiefs. 
In  truth,  where  they  are  moft  limited,  it  has  been  often 
as  much  as  a  whole  people  could  do  to  redrain  them  to 
their  trult,  and  to  keep  them  from  violence  ;  and  fuch 
frequently  has  been  their  propenfity  to  be  lawlefs,  that 
nothing  but  a  violent  death  could  cure  them  of  their  vi- 
olence. This  evil  has  its  root  in  human  nature  j  men 
njoill  never  think  they  ha've  enough^  whilft  they  can  taKe 
more  j  nor  be  content  with  a  part,  when  they  can  feize 
th«  whole."! 

*'  That  the  bufinefs  of  mod  kingdoms  has  been  ill  man- 
aged, proceeds  from  this;  it  imports  the /ow/r  rank  of 
men  only,  and  the  people  (whofe  cries  feldom  reach  the 
prince,  till  it  is  too  late,  and  till  all  is  pad  remedy)  that 
matters  Ihould  be  frugally  ordered,  becaufe   taxes  muft 

"  arife 


«( 


•( 


(( 


<i 


I.' 


<( 


<( 


•( 


(( 


*  Speech  of  Lord  Camden. 
t  Clio's  Lett.  in.  78 


X  Blackdonc  170. 


C    «3    ] 

to  her,  we  (hall  alfo  be  ready  and  willing  to  con- 
tribute all  aids  within  our  power  :  And  we  fo- 
lemnly  declare,  that  on  fuch  occafions,  if  we  or 
our  pofterity  fhall  refufe,  ncgledt  or  decline  thus 

to 


(( 


(( 


« 


<< 


« 


tt 


arife  from  tfjeir  Aveat  and  labour.  But  the  great  ones, 
who  heretofore  have  had  the  prince's  ear  and  favour,  or 
who  hoped  to  have  him  in  their  pofTefllon,  were  fwayed 
by  another  fort  or  intereft ;  they  like  profufion,  as  having 
had  a  profpeft  to  be  gainers  by  it,  they  can  eafily  fet  their 
account  even  with  the  ilate ;  Tifmall charge  upon  their  land 
is  more  than  balanced  by  a  great  place^  or  a  large  penJion.Y* 
See  the  lord  keeper  North^s  account  of  abufes  in  the  con- 
du£l  and  difpofal  of  the  public  money  in  the  time  of  king 
Ch.  II. §  Thofe  who,  in  our  times,  are  the  conduftors  of 
the  fame  kind  of  dirty  work,  may  compare  the  modern  in- 
genious ways  and  means  with  thofe  of  their  worthy  predecef- 
fors. 

Among  others,  pretended  want  of  money  in  the  treafury, 
in  order  to  have  a  pretence  for  giving  an  exorbitant  price  for 
neceflaries.  Lending  the  crown  at  %  per  cent,  money  which 
was  raifed  at  5  and  6.  Paying  with  the  public  money,  pre- 
tending it  to  be  private,  and  taking  intereft.  Depreciating 
the  public  debts  and  funds,  buying  them  of  the  holders  at 
half  their  worth,  and  afterwards  by  intereft  getting  them 
paid  in  full*  Pretending  to  give  up  all  power  in  reconi> 
mending  to  places  for  a  confideration,  and  then  inftfting  on 
recommending  ftill,  and  fo  getting  both  ways.  Rolling  o- 
ver  lolTes  upon  the  crown,  or  public,  while  the  gain  was  to 
fink  into  private  pockets.  A  father  ftopping  a  large  fum  in 
his  own  hand,  which  was  to  have  been  paid  the  public  cre- 
ditors. Before  he  can  be  brought  to  account,  he  dies. 
The  money  ilnks  into  the  pocket  of  his  heir.    He  obtains  a 

pardon 


h'>- 


•J ,, 


\  Davvj.  It.  *(ix. 


§  Dalr^m^^  Mem.  ii,  84.' 


m 


Ill' 

I'  'S"  r " 


t  h; 


[     H     ] 

I 

to  contribute,  it  will  be   a  mean  and  manifcft  • 
yiolation  of  a  plain  duty,  and  a  weak  and  wick- 
ed defertion  of  the   true  inrerefts  of  this   pro- 
vince, whieh  ever  have  been  and  mull  be  bound 

pardon  of  all  his  father's  debts.     Grofs  frauds  in  office  found 
out.     Then  new  officers  and  falarics  fet  up  as  checks.  The 
new  prove  as  great  knaves  as  the  old,  a^^d  form  a  fcheme  of 
(ollufion  and  mutual  underdanding.     But  the  public  pays 
for  all,  and  the  power  of  the  court  is  ftrengihened.     An  old 
placeman  begs  leave   to  fell.     Pockets  the  money,  and  hj 
and  by,  through  interell,  gets  a  new  place  gratis      Extra- 
vagant mm  fquander  their  own  money  in  their  public  em- 
ployments of  embafladors,  governors,  5cc.  and  charge  the 
public  with  more  than  they  have  really  fpent,  while   what 
they  really  fpent  was  ten  times  more  than  neccffary.    The 
bufinefs  of  old  offices  transferred  to  new  :  but  the  profits  of 
the  old   dill  kept  up,  though  become  finecures.     An  old 
fcrvant  of  the  public  retires  upon  a  penfion.     He  who  fuc- 
cceds  him,  by  intereft,  gets  it  continued  to  him.     Another 
gets  an  addition  to  his  falary,  and  then  fells  his  place  for  a 
great  deal  more  than  it  cod  him,  and  fo  an  additional  load  ' 
is  laid  on  the  public :  for  the  addition  mull  be  connnued, 
bccaufe  the  place  was  bought.     An  annual  fum  is  granted 
by  the  public  for  a  public  ufe,  as  keeping  up  a  harbour,  or 
the  like.     A  private  man,  by  intcred,  gets  a  grant  of  the 
jobb;  the  public  concern  is  neglefted,  and  the  public  poc» 
ket  picked.     Crown  I  .uds  perpetually  begged  aiid  given  a- 
way  to  drengthen  the  court  intered.     The  crown  conftantly 
kept  in  debt,  and  parliament  folicited  to  pay  thofe  debts  oc- 
cafioned  merely  by  the  voracity  of  the  court.     Commander! 
of  fleets  order  a  fuperfluous  quantity  of  dores.     By   collu* 
fion  between  them  and  the   dore  maders,  this  fuperfluout 
quantity  is  fold  again  to  the  king,  and  the  money  funk  ia 
their  pockets.     Sometimes  the  dorc-maders  gave  receipts 
for  more  than  was  received  into  the  king's  ftores,  and   the 
^s„  i  mone/ 


"    •. 


'  C   »5  3 

.....    ' 

up  in  the  profperity  of  our  mother  country. 
Qur  union,  founded  on  mutual  compass  and 
mutual  bcntrfits,  will  be  indiflbluble,  at  Icaft 
more  firm,  thin  an  union  perpetually  difturbcd 
by  difputed  rights  and  retorted  injuries, 

D  Secondly. 


..K 


money  was  divided  among  the  plunderer).  The  king's 
works  done  by  the  day,  whereas  it  would  have  been  cheap- 
er by  the  great.  Money  pretended  to  be  coined  gratii. 
Lifts  of  large  Aims  newly  coined  produced.  But  the  con- 
trivance was  to  make  the  pieces  unequal,  and  then  the  too 
heavy  pieces  were  carried  back  to  the  mint,  and  the  profit 
funk  in  private  pockets,  &c. 

Secret  feritice  is  a  huge  cloke  thrown  over  an  inlmcnfe 
fceue  of  corru>>tion;  and  under  this  cloke  we  muft  not 
peep.  Our  court-men  tell  us,  there  muft  be  lat-ge  I'ums  ex- 
pended  in  this  way,  and  thofe  Aims  cannot  be  accounted 
for;  becaufe  the  Jervices  done  for  them  muft  never  be 
knoiuHk  Butwefind^  that  the  commons  J,  D.  1 708  ad- 
drefTed  queen  Anne  for  accounts  of  peniions  paid  for  Jecret 
ftrvice  to  members  of  parliament,  or  to  any  perfons  in  truft 
for  them ;  and  that  '  the  queen  trdered  faid  account  to  b6 
•  laid  befhre  the  boufe.*f 

Contract  are  a  great  fund  of  minifterial  influence.  It  is 
Well  known,  that  our  miniftry  do  not  accept  the  moft  rea^ 
JonabU  offer;  but  the  offer  which  is  made  by  thofe,  who 
have  the  grtattA  parliamentary  intereft;  and  that  in  war 
time,  every  man,  who  fumi^et  for  the  go'vernmenty  is  en- 
richetl\  va  France  iht  contrary,  which  fhews,  that  we  man- 
age our  public  money  much  *worfe  than  the  French  miniftry 
do  theirs.  In  the  late  war  it  is  notorious,  that  feveral  of 
our  purveyors  and  commijfariet  got  eftates  fufficient  to  fet  them 
vp  for  earls  and  dukes.  But  as  Burnet  ||  fays,  *  the  re- 
'  gard,  that  is  fhewa  to  members  ai parliament  among  us, 

1  '  caufet 


I 


t  Dkb.  Com.  iv.  it^.    |  Hist,  own  T4mes,  in,  i;^. 


Ill 


ft 


!■  '' 


C    26   ] 

'j.n-  .^'Tiu.'c   ytifirr(Ti,4,  to    I'u  !••-;.>-•)   ->iii,«.  (., 

Secondly.  If  all  the  terms  abovementlon- 
cd  cannot  be  obtained,  it  is  our  opinion,  that 
the  mcafurcs  adopted  by  the  congrefs  for  our 
relief  fhould  never  be  relinqtiifljed  or  intermitted^ 
until  tbofe  relating  to  the  troops,— internal  Ic- 
giflailon,"-innporuion  of  taxes  or  duties  herc- 
attcr, — the  35th  ot  Henry  the  8th,  chapter  the 


2d,— 


•  caufea  that  few  abufes  can  be  inquired  into,  or  di/co'vered* 
;■'  ,    '      '       Pol.  Disqu.  b.  v.  p.  274. — *77. 

What  redrefs  could  a  poor  plundered,  unrcprefented  co. 
lony  obtain  againft  a  VtrrtSt  fupported  by  a  ftrong  parlia- 
mentary influence.  We  know  what  fevcral  governors  of 
iiZ/ffo;  £•«  have  dared  to  do.  A  governor  of  Giimttar  has 
ventured  to  opprefs  even  the  garrifon  of  that  important 
place.  The  very  drudgery  of  examining  accounts,  would 
probably  fecure  him.  If  cad,  the  injuries  could  not  be  rc- 
compenfed.  A  fuccefTor  might  prove  .as  bad — **  Vi^rix 
pro-vin  iaplorat.,"    ..  ,-       ■■,    ,.      .^'A,.,.. 

It  has  been  faid  in  Great  Briiain,  that  Lord  Chattf^mt 
Lord  Camden,  and  fome  other  great  men,  have  taught  the 
colonies  to  defpife  her  authority.  But  it  is  as  little  true  as 
the  multitude  of  invedives  vented  againft  the  colonies. 
The  conflant  pradice  in  thefe  publications,  is  to  confound 
fads  and  dates,  and  then  to  rail.  It  Oiould  be  remember- 
ered,  that,  the  oppofition  in  Ataerica  to  the  ftamp  ad  was 
fully  formed,  and  the  congrefs  held  at  New-Torif  before  it 
was  known  on  this  continent,  that  our  caufe  was  efpoufed  by 
any  man  of  note  at  home.  We  (hould  be  glad  to  count 
fuch  venerable  names  in  the  lill  of  our  friends.  They  arc 
the  true  friends  of  our  mother  country,  as  well  as  of  this  ; 
and  ages  unborn  will  blefs  their  memory.  But  if  every  man 
in  Gmit  Britain,  it  carried  by  the  ftream  of  prejudices  into 
fentimepts,  hofiileto  our  freedom,  that  freedom  will  not  be 
the  Icfi  efteemed,  or  tli«  fooner  relinquilhed  by  Americans. 


ft 
ir 


t  37  ] 

2d,— the  cxtcnfion  of  admiralty  courts,— the 
port  of  BoJ^en  and  the  province  of  Majfachufeits 
Bny  are  obtained.  Every  modification  or  qua- 
lification of  thefe  points,  in  our  judgment, 
(hould  be  inadmifTible.  To  obtain  them,  wc 
think  it  may  be  prudent  to  fettle  Come  revenue 
as  above-mentioned,  and  to  fatisfy  the  £.^y?- 
India  company.  ,     .  . 

TniRDLy.  If  neither  of  thcfc  plans  fliould 
be  agreed  to,  in  congrcfs,  b^ut  fome  other  of  a 
fimilar  nafjre  (hall  be  framed,  though  on  the 
terms  of  a  revenue,  and  fatisraftion  to  the  l ad- 
India  company,  and  though  it  (hall  be  agreed 
by  the  congrefs  to  admit  no  modification  or 
qualification  in  the  terms  t'.icy  (hall  infift  on, 
\  0  dtfire  your  deputies  may  be  inftruded  to 
concur  with  the  other  deputies  in  it;  and  we 
will  accede  to,  and  carry  it  into  execution  as  far 
as  we  can.    .,  .  ...   . 

FouR-THLV.  As  to  the  regulation  of  trade— 
we  are  of  opinion,  that  by  making  fome  few  a- 
mendments,  the  commerce  of  the  colonies 
might  be  fettled  on  a  firm  eftablilhment,  ad- 
vantageous to  Great-Britain  and  them,  requir- 

no  future  alterations,  with- 


'g 


fubje6t 


IA1 


)    »"ii 


out  mutual  confent.  We  defire  to  have  this 
-point  confidered  by  the  congrefs-,  and  fuch 
meafures  taken,  as  they  may  judgs  proper. 


'fi 


VS;''lf3( 


D    2 


In 


TigS!fe'a8l»'r|«ii«l>»1i|i|  ■  '^"-n 


ri 


%m 


i 


()& 


Im  order  to  obtain  rcdrcfs  of  our  common 
p/icvanccs,  we  oblcrvc  a  general  inclination  a- 
inong  the  colonies  of  entering  into  agicenicnts 
of  non-importation  and  non-cxportation.  We 
are  fully  convinced,  that  fuch  agreements  would 
withhold  very  Urge  lupplies  from  Great-Britain 
»nd  no  words  can  defcribe  our  contempt  and  ab- 
horrence ot  thofe  colonics,  if  any  fuch  there 
arc,  who,  from  a  fordid  and  ill  judged  attach- 
nicnc  to  their  own  immediate  profit,  would 
purfue  that,  to  ihe  injury  of  their  country,  in 
this  great  Itrugglc  for  all  the  bleflings  of  liber- 
ty. It  would  appear  to  us  a  moll  wafteful  fru- 
gality, that  would  lofe  every  important  poflcf- 
fion  by  too  ftridl  an  attention  to  fmall  things, 
and  lofc  alfo  even  thefe  at  the  lafl.  For  our 
part,  we  will  cheerfully  make  any  facrifice,  when 
neceflary,  to  preferve  the  freedom  of  our  coun- 
t|y»  /  But  other  confiderations  have  weight  with 
us*  ^  We  wi(h  every  mark  ot  refpe6t  to  be  paid 
to  his  majefty's  adminiftration.  We  have  been 
taught  from  our  youth  to  entertain  tender  and 
brotherly  afFeftions  for  our  fellow  fabje(5ls  at 
home.  The  interruption  of  our  comrrerce  muft 
diftrefs  great  numbers  of  them.  This  we  ear- 
neftly  defire  to  avoid.  Wc  therefore  requeft, 
that  the  deputies  you  fhall  appoint  may  be  in- 
ftrufted  to  exert  themfelves,  at  the  congrefs, 
to  induce  the  members  of  It,  to  confentto  make 
a  full  and  precife  ftate  of  grievances  and  a  de- 
pent  yet  firm  claim  of  redrefs,  and  to  wait  the  e^ 


vent. 


m 


C  29  J 


vent,  before  any  other  ftep  is  taken.  It  is  our 
opinion,  that  pti'fons  fhould  be  appointed  and 
fcnt  home  to  prcfent  this  Hate  and  claim,  at  the 
court  oi Great -Britaw.     '  .  ..v      ,#•.,.„ 

If  the  congrefs  fliall  chufe  to  form  agree- 
ments of  non  importation  and  non  exportation 
immediately,  we  defire  the  deputies  trom  this 
province  will  endeavour  to  have  them  fo  formed 
as  to  be  binding  upon  all,  and  that  they  may  be  < 
PERMANENT,  fliould  the  public  intercft  require 
it.  They  (  annoc  be  efficacious,  unlefs  they  can 
be  permanent',  and  it  appears  to  us  that  there 
will  be  a  danger  of  their  being  infringed,  if  they 
are  not  formed  with  great  caution  and  delibera- 
tion. We  have  determined  in  the  prefent  ficua- 
tion  of  public  affairs  to  confent  to  a  ftoppage  of 
our  commerce  with  Great-Britain  only;  but  in 
cafe  any  proceedings  of  the  parliament,  of  which 
notice  (hail  be  received  on  this  continenc,  before 
or  at  the  congrefs,  fiiall  render  it  neceflary,  in 
the  opinion  of  the  congrefs  to  take  further 
fteps,  the  inhabitants  of  this  province  will  a- 
dopt  fuch  fteps,  and  do  all  in  their  power  to 
carry  them  into  execution.   •        ;.      ■^"i'^^  ^^^'-' "^ 


fir 


An-y,! 


This  exrenfive  power  we  commit  to  the  con-d 
grefs,  for  the  fake  of  prcferving  that  unanimity 
of  counfcl  and  condudl,  that  alone  can  work 
out  the  ialvation  of  thefe  colonies,  with  a  ftrong 
hope  and  truft,  that  they  will  not  draw  this  pro- 
vince into  any  m^afure  judged  by  us,  who  mud 

be 


*'  ! 


.'!^ 


!>     ,4. 


ii':fn' 


li 


Mi 


#  ^ 


\ 

r 

1 1 


1 1 

r 


IF  30  I 

be  better  acquainted  with  its  (late  than  ftrang- 
ers,  highly  inexpedient.  Of  this  kind,  wc 
know  any  other  ftoppage  of  trade,  but  of  that 
with  Great -Britain^  will  be.  Even  this  ftep  we 
ftiould  be  extremely  afflidled  to  fee  taken  by  the 
congrefs,  before  the  other  mode  above  pointed 
out  is  tried:.  But  fliould  it  be  taken,  we  appre- 
hend, that  a  plan  of  reilri(ftions  may  be  fo 
framed,  agreeable  to  the  refpedlive  circum- 
fVances  ot  the  feveral  'colonies,  as  to  rcndei 
Great-Britain  fenfible  of  the  imprudence  of  her 
(Jounfels,  and  yet  leave  them  a  nectflary  com- 
merccr.  And  here  it  may  not  be  improper  fo 
take  notice,  that  if  redrefs  of  our  grievances 
car  not  be  wholly  obtained,  the  extent  or  conti- 
nuance of  our  reftridlions  may,  in  fome  fort,  be 
proportioned  to  the  rights  we  are  contending 
fbf,  and  the  degree  of  relief  aiTordcd  us.  This 
ittode  will  render  our  oppofttion  as  perpetual  as 
our  opprejjiony  and  will  be  a  continual  Clai  m 
AND  AscF.RTiON  OF  OUR  RiGHTS.  We  cannot 
exprefs  the  anxiety,  with  which  we  wifti  the 
confidcration  of  thefe  points  to  be  recommended 
to  yor.  We  are  perfuadtd,  that  if  thefe  colo- 
nies fail  of  unanimity  or  prudence  in  forming 
their  refolutions,  or  of  fidelity  in  obferving 
them,  the  oppofition  by  non-importation  and 
non  exportation  agreements  will  be  inefFc<5lual; 
nnd  then  we  fhall  have  only  the  alternative  of  a 
more  dangerous  contention,  or  of  a  tame  fub- 


;« *  y 


f.JMfcJ  ?>«► 


Upon 


t    3>»     3 


«*. -• 


Upon  the  whole,  we  (hall  repofe  the  higheft 
confidence  in  the  wifdom  and  integrity  of  the 
cnfuing  congrefs:  And  though  we  have,  for 
the  facisfaftion  of  the  good  people  of  this  pro- 
vince, who  have  chofcn  us  for  this  exprefs  pur- 
pofc,  offered  to  you  fuch  inftruftions,  as  have 
appeared  expedient  to  us,  ytc  it  is  not  our 
meaning,  that  by  thefe  or  by  any  you  may  think 
proper  to  give  them,  the  deputies  appo'nted 
by  you  (hould  be  reftrained  from  agreeing  to  a- 
ny  meafures,  thatfhall  be  approved  by  the  con- 
grefs. We  (hould  be  glad  the  deputies  chcfen 
by  you  could,  by  their  influence,  procure  our 
opinions  hereby  communicated  to  you  to  be  as 
nearly  adhered  to,  as  may  be  pofTible :  Buv  to 
avoid  difficulties,  we  defire  that  they  may  be  in- 
flrufled  by  you,  to  agree  to  any  meafures  that 
fhall  be  approved  by  the  congrefs,  the  inhabi- 
tants c^  this  province  halving  refolved  to  adopt 
and  carry  them  into  execution. — Laftly — We 
defire  the  deputies  from  this  province,  may 
endeavour  to  procure  an  adjournment  of  the 
congrefs,  to  fuch  a  day  as  they  fhall  judge  pro- 
per, and  the  appointment  of  a  Handing  commie- 


•I 

"i 


I)       i 


tec. 


'  Agreed,  that  John  Bickinfon^  Jofeph  Read, 
and  Charles  Tbomfon,  be  a  committee  to  write 
to  the  neighbouring  colonies,  and  communicate 
to  them  the  refolves  andinftrudlions.''. 


i     \r  If 


A<3iiei:d- 


■ytj 

'I 
11 

I 


■^  'AORftiD*  that  the  committee  for  the  city 
and  county  of  Philadelphia^  or  any  fifteen  of 
them,  be  a  committee  of  correfpondence  for 
the  general  committee  ot  this  province. 


-t.  •>-     i  s/ 


*►•    \ 


h^    Wl 


ExtraSl  from  the  Minutes y 
CHARLES  THOMSON,  CI  Com. 


1     gt' 


»     i«* 


/^i. 


.?>,' 


'i-r 


AN 


» 


A    N 


ESSAY,*     ^f. 


»'  I  ^  H  E  authority  of  parliament  has  within 
JL  thcfe  few  years  been  a  queltion  much  agi- 
tated i  and  great  difficulty,  we  underftand,  has 
occurred,  in  tracing  the  line  between  the  rights 
of  the  mother  country  and  thofe  of  the  colonics. 
The  modern  dodtrine  of  the  former  is  indeed 
truly  remarkable ;  for  though  it  points  out, 
what  are  not  our  rights,  yet  we  can  never  learn 
from  it  what  are  our  rights.  As  for  example — 
Great'.  >^'\7.n  claims  a  right  to  take  away 
nine-tci.,i:  5  of  our  eftates— have  we  a  right  to 
the  remainiiig  tenth  ?  No.— To  fay  we  have, 

£  is 

•  This  piece  has  been  written  in  fuch  haftc,  under  (o 
great  indifpofition,  and  amidft  fuch  a  confuiion  of  public 
affair"  that  it  is  hoped,  its  inaccuracies  will  be  looked  up- 
on <v>^h  indulgence.  If  longer  time  could  have  been  be- 
ftowtr!  ipcn  ks  corre^ion,  it  would  have  been  at  leafl 
fhortcr,  if  not  ir.ore  exaft.  The  firft  appointment  of  a 
.committee  to  form  a  draught  of  inltrudions,  was  made  on 
the  fourth  of  lad  month.  See  note  on  the  extract,  dated 
the  i8th  of  July. 


li: 


•*i} 


.'t. 


lite  ■ 

11  !jl  II.  H- 


I 


R,l 


.-I,. 


C     34    ] 


<c 


IS  a  *'  traiterons**  pofuion,  denving  her  fupreme 
Icgiflature.  So  tar  from  having  property,  accor- 
ding to  thefe  late  found  novelb,  ws  are  our- 
/elves  a  rropery. 


■  'I  ♦ 


We  pretend  not  to  any  confiderable  fhare  of 
learning  •,  K-ur,  thanks  be  to  divine  Good- 
nefs,  common  fenft*,  experirnce,  and  fome  ac- 
quaintance with  the  conltitution,  teach  us  a  few 
falutary  truths  on  this  important  fubjed. 

Whatever  dlfBculty  rti  occur  in  tracing 
the  line,  yet  we  contend,  that  by  the  laws  of 
God,  and  by  the  laws  of  the  conftitution,  a  line 
there  muft  be,  beyond  which  her  autnority 
cannot  extend.  For  all  thefe  laws  are  §  "  ground- 
ed on  reafon,  lull  of  judice,  ■\  and  true  equity," 
'•'■■  £"^ ' ^  ■  .  mild, 

•    §  Parlt.  Deh,  7.  409.  "  What  of  that?  Shall  not  we 
'  give  judgment,  becaufe  it  is  not  adjudged  in  the  books  be- 
fore? We  will  give  judgment  ACCORDING  TO  reason,  and 
■'if  there  be  no  reafon  in  the  books,  I  will  not  regard  them  " 
Speech   of  /inderfon^  Lord  chief  jullice  of  the   queen's 
bench,  in  the  reign  of  jEZ/za^^/^.     Gouldsb.  Rep.  g6. 
edit.    1653. 

''  ■'  t  »'   It   feems  to  me,  that  the  natural  juflkey  which  is  a 
'  duty  of  man,  ought  to  be  ftyled  the /)ar^«/,  andnourijhe^y  of 
'every  other  'virtue  :  and  aflbredly,  without  this  habit,  a  man 
'can   neither  moderate  his  defires,  nor  be  brave,  nor   wife, 
'^  For,  it  is  a  harmony^  and    peace,  of  the  whole  foul;  with  a 
full  concert  of  words,  andadions:  And   the  dominion  of 
fuch  a  habit  may  be  rendered  more  conf.icuous,  if  we  ex- 
amine the  other  habits  of  virtue.     For  the  good  of  thefe  is 

private, 


[    35    J 


mild,  and  calculated  to  promote  the  freedom 
and  wchare  of  men.  The.,  objedts  never  can 
be  attained  by  abolilhing  every  reftridion,  on 
the  pin  of  ihi' governors,  and  extingiulhing  eve- 
ry right,  on  the  part  of  the  governed. 

Suppose  it  be  allowed,  that  the  line  is  not 
exprejsly  drawn,  is  ic  then(c  to  be  concluded, 
there  i5  n.j  implied  \\r,c  ?  No  Englifh  lawyer,  we 
prefume,  will  venture  to  make  the  bold  aifer- 
tion.  *'  The  King  may  rejcd  what  bills,  may 
make  what  treaties,  may  com  what  money,  may 
create  what  peers,    and  may   pardon    what  of- 

E  2  lentes, 

private,  refpeding  the  individual;  but  the  good  of  natural 
jujiice  refpeds  whole  fyftems,  and  throughout  the  uni- 
verfe."—  ' 

In  the  celeftialfv/Iem  of  the  world,  as  it  marfhals  out  the 
universal  rule  of  things,  which  are  thus  decieed  by  God  ;  it 
IS  providence^  znd  harmony,  and  r/g^^/.  In  d  civ  /Jlate^  it  is 
juftly  ca.\\e6  peactt  and  good  order.  In  a  domejiic  Jiate ^  it  is 
the  like  mindedne/s  of  huiband,  and  wife,  towards  each  o- 
,  therj  the  ^W  T.w7/ of  fubordinate  members.  In  the  ^o^v. 
it  is  health,  and  Jymmet>-y  of  parts;  which  are  principal 
things,  and  much  i^eioved  by  every  livinfr  creature.  la 
the  JouU  it  i.«  ivijdom',  that  wifdom  which  arifes  amongll 
men,  from  the  knowlciige  cfcau/es,  and  Horn  natural jufl ice. 

Since  there. ore,  tliis  habit  doth  thus  itilcruC>,  and  prc- 
fervc,  the  whole  and  every  part ;  rendcting  all  the  fame, 
in  heart,  and  in  tongue,  why  may  it  not  be  faluted,  by  the 
univerfal  voice;  the  parent  and  nourish er  of    evhrv 

VlRTUEf" 

:        Pol.   Pvth.  Luc.  rt/;.\y Sron/ruM,  pi.   loj.  edit.  Tl- 
cur:,    iCsQ.  ,. 


r>v 


!>,'  ■ 


!iU  ' 


■•* 


■  «'.|i 


C    3S    ] 

fences,  he  pleases."  J  But  is  his  prerogative 
rcfpeding  thefe  branches  of  it,  unlimited  ?  By 
no  means.  The  words  following  thofe  next 
above  quoted  from  the  "  commentarfcs  on  the 
laws  of  England"  are—"  unlefs  where  the  con- 
ftitution  hath  exprefsly^  or  hy  evident  conse- 
quence, laid  downfome  exception  or  boundary  ; 
declaring^  that  thus  far  the  prerogative  (hall  go, 
and  no  farther."  There  are  "  fome  boundarits" 
then,  befides  the  "  exprefs  exceptions  •,"  and 
according  to  the  (Irong  cxpreflion  here  ufed, 
"  the  conftitution  declares  there  are."  What 
"  evident  confequence"  forms  thofe  "  bounda- 
ries V 


If 


h 
t 


I 


.    The  happlnefs  of  the  people  is  the  end,  and, 

if  the  term  is  allowable,   we  would  call  it  the 

body  of  the  conftitution.    Freedom  is  the  fpirit 

or  foul.     As  the  foul,  fpeaklng  of  nature,  has 

•^  right  to  prevent  or  relieve,  if  it  can,  any  mif- 

chief  to    the  body   of  the   individual,  and   to 

keep  it  in  the  beft  health  ;  fo  the  foul,  fpeak- 

ing  of  the  conftitution,  has  a  right  to  prevent, 

or  relieve,  any  mifchief  to  the  body  of  the  fo- 

ciety,  and  to  keep  that  in  the  beft  health.     The 

*'  evident  confcquence"  mentioned,  muft  mean 

a  tendency  to  injure  this  health,  that  is,  to  di- 

minifh  the  happinefs  of  the  people— -or  it  muft 

mean 

J  I  Black?t.  Com.  250.  *    ' 


[    37     ] 

mean  nothing.  If  therefore,  the  conftltution 
*'  DECLARES  by  cvideut  confequence  j"  that  a 
tendency  to  diminllh  the  happinefs  of  the  peo- 
ple, is  a  proof,  that  power  exceeds  a  "  bounda- 
ry," beyond  which  it  oughi  not  to  "  go  j"  the 
matter  is  brought  to  this  fingle  point,  whether 
taking  our  money  from  us  without  our  conlent, 
depriving  us  of  trial  by  jury,  changing  confli- 
tutlons  of  government,  and  abolifhing  the  pri- 
viledgeof  the  writ  of  habeas  corpus^  by  feizing 

and  II  carrying  us  to  England^  have  not  a  great- 
er 


II  "  Of  great  importance  to  the  public  is  the  preferva- 
tion  of  this  peifonal  liberty  :  for  if  once  it  were  left  in  the 
power  of  any,  the  higheft  magiftrate,  to  imprifon  arhitrah- 
Ijf  whomever  he  or  his  officers  thought  proper,  (as  in  France 
it  is  daily  praflifed  by  the  crown)  there  would  soon  he 

AN  END  OF  ALL  OTHER   RIGHTS    AND  IMMUNITIES."-      - 

"  A  natural  and  regular  confequence  of  this  perfonal  liber- 
ty is,  that  every  Englijhman  may  claim  a  right  to  abide 
,.  IN  HIS  OWN  country  SO  LONG  AS  HE  PLEASES,  and  not 
to  be  driven  from  it  unlefs  by  the  fentence  of  law.  Exile 
or  tranfportation  is  a  punifhment  unknown  to  the  common 
law.  —  **  The  king  cannot  conftitute  a  man  lord  lieutenant 
Si  Ireland  ugalnR.  his  will,  nor  malce  him  a  foteign  ambafla- 
dor.  For  this  might  in  reality  be  no  more  than  an  honora- 
ble exile."     I  Blackstone  135  to  138. 

**  Thcfe  precedents  colledled  by  the  reverend  and  learn- 
ed judge,  chief  jultice  Anderfon  and  all  written  with  his  own 
hand,  do  fully  refolve  for  the  maintenance  of  the  antient  and 
fundamental  point  of  Liberty  of  the  person,  to  be  re- 
gained by  Habeas  Corpus,  when  any  one  is  imprifoned-'*  . 
Pari.  Hift.  7.  418.  -H   '^    : 


-11 


M 


m 

4(Jlj'J,l] 


M 


111: 


[  38  1 

cr  tendency  to  diminifh  our  happinefs,  than  any 
cnormicirs  al'^ng  can  commie  under  prcicnce 
of  prer.  rativ .  caa  have  todiminilh  chc  happi- 
nelb  of  ,*ic  ful.jcdls  in  England.  To  come  10  a 
decifion  upon  this  poinr,  no  long  time  need  be 
required.  To  make  this  comparilbn,  is  dating 
the  claim  of  parliament  in  die  mod  favourable 
light:  Forit[)Uts  the  njfumcd  power  of  parlia- 
ment,   to    do,    "    IN     ALL  CA^ES  WHATSOEVER," 

zvbat  tbcypleafc^  upon  the  fame  tooting  with  the 
ccknoivledgcd  power  of  tiie  King,  "•  to  maka 
what  peers— pardon  what  offences,  &c.  he 
pleafesy  But  in  this  light,  that  power  is  not 
entitled  to  be  viewed.  Such  is  the  wil'dom  of 
the  EnglJIj  conftitution,  that  it  **  declares"  the 
King  may  tranfgrefs  a  *'  boundary  laid  down  by 
evident  confcquence,"  even  by  ufmg  the  power 
with  which  he  is  ^;^/)r<?/}/y' veiled  by  the  conftitu- 
tion, in  doing  thoje  very  a5fs  which  he  is  exprefs- 
ly  trufted  by  the  conftitution  to  dO"-as  by  cre- 
ating too  many  or  improper  perfons,  peers;  or 
by  pardoning  too  many  or  too  great  offences, 
&c  But  has  the  conftitution  ot  England  r;^- 
prefsly  *'  declared,*'  that  the  parli.iment  ot 
Great-Britain  may  take  away  the  money  of 
English  colonifts  without  thtrir  confent,  and 
deprive  them  of  tryal  by  jury,  &c  ?  It  cannot 
be  pretended.  True  it  is,  that  it  has  been  {o- 
lemnly  declared  by  parliament,  that  parliament 
/^'^j  fuch  a  power.  But  that  declaration  leaves 
the  point  juft  as  it  was  before  :  For   if  parlia- 

,.     ment 


[    39    J 


ircnt  had  not  the  power  before,  the  declaration 
could  not  give  it.  Indeed  if  parliament  is  really 
*'  omnipotent,"  *  that  power  is  jufl:  and  con- 
ftitutional.     We  further  obferve,  that  no  Eng- 


rtnber,  h. 


ited 


;ing. 


lawyer,  as  we   rcmei 
prcciil'ly    the  line    beyond   which,    if  a 
Ihall  *'  go,"   refinance  becomes  lawful.    Gene- 
ral terms  have  been  ufed.     The  learned   author 
of  thofe    commentaries,    that    notwithft^inding 
fome    human  frailties,  do  him  fo   much  honor, 
has  thought  proper,  when  treating  of  this  fub- 
jedl,  to  point  out  the  "  precedent'*  of  the  revo- 
lution, as  fixing  the  line.     We  would   not  ven- 
ture any  reflexion   on  fo    great  a  man.      It  may 
not  become  us.     Nor  can  we   be    provoked  by 
his  expreflions    concerning   colonifts  ;    becaufc 
they  perhaps  contain  his  real,  though  hafty  fen- 
timents.     Surely,   it  was   not   his   intention   to 
condemn  thofe  excellent  men,  who  rafting  eve- 
ry   tender   confideration    behind  them,    nobly 
prefenred  themfelves  agamft  the  tyranny  of  the 
unfortunate  and  milguided  Charles's  reign;  thofe 
men,  whom  the  houfe  of  commons,  even  after 
the  reftoration,  would  not  fufFcr  to  be  cenfured. 

-  '  We  arefenfible  of  the  objefllon  that  may  be 

made,  as  to  drawing  a  line  between   rights  on 

each  fide,  and  the  cafe  of  a   plain  violation   of 

rights.  We  think  it  not  material.  Circumftances 

h^Lvc  usually  produced,  and  may  again  produce 

this 
*  I  Blackftone,  i6i. 


'if 


i', 


:'  ,1- ! 


■m 


It''  1 

1 


[40   J 

this  qucllioii. — Wh<itconclu(5t  of  a  prince  ren- 
ders refinance  lawful  ?  James  the  fecond  and 
his  father  violated  exprefs  rights  of  their  JubjelUs, 
by  doing  what  their  ozvn  expre/s  rights  gave  them 
no  title  to  do,  as  by  raifing  money,  and  levy- 
ing troops,  without  confenc  ot  parliament.  It 
is  not  even  fettled,  what  violation  of  thole  will 
jullity  refinance.  Bui  may  not  fome  future 
prince  confining  himfclf  to  the  exercife  of  his 
own  exprefs  rights,  fuch  as  have  been  mentioned, 
adl  in  a  manner,  that  will  be  a  tranfgrefTion  of  a 
*'  boundary"  laid  down  by  '*  evident  confe- 
quence,"  the  "  conftitution  declaring  he  fhould 
go  no  further"  ?  May  not  this  exercife  of  thefe 
his  exprefs  rights,  be  fo  far  extended,  as  to  intro- 
duce univerfal  confufton  and  a  fuhverfion  of  the 
ends  of  government  ?  The  whole  may  be  oppref- 
five,  and  yet  any  fingle  inftance  legal.  The 
cafes  may  be  improbable  -,  but  we  have  feen  and 
now  feel  events  once  as  little  cxpe(5led.  Is  it 
not  poff.hky  that  one  of  thefe  cafes  may  happen  ; 
\i\idoes,  has  the  conftitution  exprefsly  drawn, 
a  line,  beyond  which  refiftance  becomes  lawful  ?. 
It  has  nor.  But  it  may  be  faid,  a  king  cannot 
arm  again  ft  his  fubjedts— he  cannot  raife  money, 
without  confcnt  of  parliament.  This  is  the 
conftiiutional  check  upon  him.  If  he  fliould,  it 
would  be  a  violation  of  their  exprefs  rights.  If 
their  purfes  are  ftiut,  his  power  flirinks.  True.' 
Unhappy  colonirts  !  Our  money  may  be  taken 
iroin  us— and  ftanding  armies  eftabliflied  over 


us, 


j:  41  J 


us,  without  our  confcnt— every  exprefsly  Je- 
c!dred  conllitutlonal  check  diiTolved,  and  ihe 
modes  of  oppofition  for  relief  fo  contradlcd,  as 
to  leaver  us  only  the  mifcrable  alternative  of  fup- 
plication  or  violence.  And  fhefc,  i;  feems,  arc 
r,he  liberties  of  Americans.  Becauje  the  conlli- 
tution  has  not  *•  exprefsly  declared"^  the  line  be- 
tween the  rights  of  the  mother  country  and  thcfe 
of  her  colonifts,  therefore,  the  latter  have  no 
rights.  A  logic,  equally  edifying  to  the  heads 
and  hearts  ot  men  of  fenfe  and  humanity. 

We  aflert,  aline  there  muft  be,  and  (hall  now 
proceed  with  great  deference  to  the  judgment  of 
others,  to  trace  that  line,  according  to  the  ideas 
we  entertain  :  And  it  is  with  fatisfadion  we  can 
fay,  that  the  records,  ftatu'"trs,  law-books,  and 
moft  approved  writers  of  our  mother  country, 
thofe  "  dead  but  moft  faithful  couniellors"  (as 
Sir  Edward  Coke  calls  them)  *'  who  cannot  be 
daunted  by  fear,  nor  muzzled  by  afFefbion, 
reward,  or  hope  of  preferment,  and  there- 
fore may  fafely  be  believed,"  confirm  the  prin- 
ciples we  maintain. 

Liberty,  life,  or  property,  can,  with  no 
confiftency  of  words  or  ideas,  be  termed  a  right 
of  xhtpojfejforsy  while  others  have  a  right  of  taking 
them  away  at  plea/ure.     The  moft  diftinguilhcd 

F  authors. 


!•:'; 


i 

"I 
4: 


Li 


^  i 


authors,  that  have  written  on  government,  de- 
clare it  to  be  *'  inftiiutcd /^r  fh  bcfiefit  of  the 
feople  5  and  that  it  never  will  have  this  tenden- 
cy, where  ic  is  unlhmtedy  Even  conqiitlt  -'•  it- 
felf  is  held  not  to  deftroy   all  the   right     ot  the 

conquered 


*  "  But  in  order  to  fay  fomething  more  particular  con- 
cerning this  fubjea,  1ft  us  obltivr  that  the  natural  Hate  of 
rations  \x\  rcfpea  to  each  ot:.or,  is  that  of  fociety  and 
peace.  Thii  fociety  is  likcwife  a  Hate  of  equality  and  inuc- 
pendmce,  which  cftablifhcs  a  parity  of  right  between  them  j 
and  en  Phages  them  to  have  the  fame  regard  and  rcfped  for 
cue  another.  Hence  the  gene  al  principle  of  the  law  of  na- 
tions is  nothing  more  than  the  general  law  of  fociability, 
which  obliges  all  nation.*  that  have  any  intercourfe  with  one 
another,  to  praflifc  thofe  duties  to  which  individuals  are 
caturally  fubje(ft. 

*'  Tht Te  remarks  mny  ferve  to  £rive  us  a  juft  idea  of  that 
art,  fo  ncccHary  to  the  dirednrs  of  flates,  and  diftinguifhed 
commonly  by  the  name  of  polity.  Polity  confidt-red  with 
regard  to  foreign  flatcs,  is  that  ability  and  addrefs  by 
which  a  fovereign  provides  for  the  prefervation,  fafety, 
profperity  and  glory  of  the  nation  he  governs,  by  refpedling 
the  laws  cfjuftice  and  humanity ;  that  i?,  without  doing 
any  injury  to  other  ftates,  but  rather  by  procuring  their  ad- 
vantage, as  much  as  in  reafon  can  be  expeded.  Thus  the 
polity  of  fovereigns  is  the  fame  as  prudence  among  private 
people ;  and  as  we  condemn  in  the  latter  any  art  or  cun- 
ning, that  makes  them  purfue  their  own  advantage  to  the 
prejudice  of  others,  fo  the  like  art  would  be  cenfurable  in 
princes,  were  they  bent  upon  procuring  the  advantage  of 
their  own  people  by  injuring  other  nations.  The  rea/on  of 
Jfate,  fo  often  alledged  to  juftify  the  proceedings  or  enter- 
priies  of  princes,  cannot  really  be  admitted  for  this  end, 
but  inafmuch  a?  it  is  reconcileable  with  the  common  inter  eft 

of   . 


C    43     ] 

conquered.  Such  is  the  merciful  reverence 
judged  by   the  bed  ahd    wifcft   men  to  be  due 

F  2  to 

of  nations,  or  which  amounts  to  the  fame  thing,  with  the 
unalterable  rules  of  (inccrity,  julUcc,  and  humanity." 

•'  C/o//«i  indeed  acknowledges  that  the  law  of  nature  Is 
common  to  all  nations;  yet  he  eilablifhes  a  pofitivc  law  of 
nations  contrddiilind  from  the  law  of  nature;  and  reduces 
this  law  of  nations  to  a  fort  of  human  law,  which  has  ac- 
quired  a  power  of  obliging  in  confequence  of  the  will  and 
confent  of  all  or  of  a  great  many  nations. ^  He  adds, 
that  the  maxims  of  this  Uw  of  nations  are  proved  by  the 
perpetual  praflice  uf  people,  and  the  tellimnny  of  hiltoii- 
ans. 

*•  But  it  has  bten  juftly  obferved  that  this  pretended  law  of 
nations,  contradiliindl  from  the  law  of  nature,  and  inveftcd 
nc'vcrthelef*  with  a  force  of  obliging,  whither  people  con- 
sent to  it  or  not,  is  a  fuppofition  dellitute  of  all  tounda- 
on.* 

*«  For  I.  all  nations  are  with  regard  to  one  another  in  n 
natural  iadppeudance  and  equality.  If  there  be  therefore  any 
common  law  between  them,  it  muft  proceed  from  God  their 
,  common  fovrreign. 

••2.  As  for  whit  relates  to  culloms  eftablifhcd  by  an  cx- 
prefi  or  tacit  confent  among  nations,  thefe  cuftoms  are  nei- 
ther of  themfelves,  nor  univcrfally,  nor  always  obligatory. 
For  from  this  only  that  feveral  nations  have  adtcd  towards 
one  another  for  a  long  time  after  a  particular  manner  in 
particular  cafes,  ir  docs  not  follow  that  they  have  laid  them  - 
fjlves  under  a  neceiTity  of  ailing  always  in  the  fame  manner 
for  the  time  to  come,  and  much  lefii  that  other  nations  are 
,  obliged  to  confoi  m  to  thefe  culloms.  '    '  -'9 

**  3*  Again;  thefe  cufloms  arc  fo  much  the  lefs  capable  of 
being  an  obligatory  rule  of  themfelves,  as  they  may  happen 

to 

\    See  Grotius,  rights  of  \v.:r  and  peace:  jireliniinary  difcourfc 
''■      §.  18.  and  buok  i.  chap.   i.  §.   14. 

*  Sae  Puffendorf,  law  of  natur,^  and  nations,  book*,  chap.  3 
J.  aj.  with  Batbeyrac's  note*. 


■'.I  n.^ 


|: 


t 

A 

m 
tf' 


J: 


ii 


ft*-!' 


i'r )  ^- 


I    44    ] 

td  human  nature,  and  frequently  obfcrvcd  even 


;;.  by  conquerors  themlelves. 


Y.' 


In 


'  i6  be  bad  or  unjuft.  The  profeflion  of  a  corfair  or  pyrate, 
was  by  a  kind  of  confent,  ^ftcemcd  a  long  while  as  lawful, 
between  nations  that  were  not  united  by  alliance  or  treat/. 
It  feems  likewife,  that  fome  nations  allowed  themfelves  the 
ufe  of  poifoned  armsin  time  of  war.jl  Shall  wc  fay  that 
ihefe  were  cuftoms  authorifed  by  the  law  of  nations,  and 
really  obligatory  in  refpeft  to  different  people  ?  Or  ihall  we 

'  not  rather  confider  them  as  barbarous  pradices ;  practices 
^rom  which  every  juil  and  well  governed  nation  ought  to 
refrain.  We  cannot  therefore  avoid  appealing  always  to 
the  law  of  nature,  the  only  one  that  is  really  univerfal, 
whenever  wc  want  to  judge  whether  the  culloms  eftabhllied 
between  nations  have  any  obligatory  efFefl. 

"  4.  AlUhat  can  be  faid  on  this  fubjeil  is,  that  when  cuf- 
toms  of  an  innocent  nature  are  introduced  among  nations; 
each  of  them  is  reafonably  fuppofed  to  fubmit  to  thofe  cuf- 
toms,  as  long  as  they  have  not  made  any  declaration  to  the 
contrary.  This  is  all  the  force  or  f  fPeA  that  can  be  given 
to  received  culloms ;  bur  a  very  different  cifedl  from  that  of 
a  law  properly  fo  called." 

^v ViL MA K(^Pr inc.  of  na*.  la-wy  I  W./.  196 — lo^. 
'  But  I  will  conclude  with  that  which  i  find  reported 
by  fir  Job:^  Davis,  who  was  the  king*s  fergeart;  and  fo, 
by  the  duty  of  his  place,  would  no  doubt  m'Jntain,  to  the 
uttermoA  of  his  power,  the  king's  prerogative  royal ;  and 
yet  it  was  by  him  thus  faid,  in  thofe  reports  of  his  upon  the 
cz\e  oi  tanijiry  cujioms*  *  That  the  king's  of  £«f/«W  always 
'  have  had  a  monarchy  royal,  and  not  a  monarchy  fignoral  ;, 

*  where,    under  the  firft,  faith    he,  the  iiibjefts  are    free 

*  men,  and  have  property  in  their  goods,  and' freehold  and 
'•  "  inheritance  in  their  lands;   but,  under  the  latter,  they  are 


as 


i!  See  Virgil  ^neid,  book  10.  v.  »3j.  with  the  15th  note  of 
the  Abbe  dcs  Fontaines. 


II 


iE 


h5 


I  w  fine,  a  po^er  of  government,  in  Its  nature 
tending  to  the  mifefy  of  the  people,  as  a  power 
that  IS  unlimited^  or  in  other  words,  a  powe^r  in 
which  the  people  have  ncJJoarc^^  is  proved  to  be, 
by  reafon  and  the   experience  of  all   ages   and 

-  ^    ■*--^-    ^'^-'■•'     •'■'  ^'   ■     -'^    countries, 

'  as  villains  and  flaves,  and  have  property  in  nothing-. 
'  And  therefore,  faith  he,  when  a  royal  monarch  makes   a 

*  new  conquell,  yet,  if  he  receives  any  of  the  nation's  anti- 

*  ent  inhabitants  into  his  protedlion;  they^  and  their  heirs 

*  after  them,  fliall  enjoy  their  lands  and  lib<;rties  according 

*  to  ihe  laws  *  And  there  he  voucheth  this  precedent  and 
judgment  following,  given  before  William  the  conqueror  him- 
felf,  'viz. 

*  That  one  Sherhorn^  at  the  time  of  the  conqnefl,  being 

*  owner  of  a  caftle  and  lands  in  NorfoVi,  the  conqueror  gave 

*  the  fame  to  one  Warren^  a  Norman',  and,  Sherborn  dying, 

*  the  heir  claiming  the  fame  by  defcent  according  to  the 

*  law,  it  was,  before  the  conqueror  himfelf,  adjudged  fur 
<  ti.e  heir,  and  that  the  gift  thereof  by  the  conqueror  was 

*  void.'ll  Parl.  debates,  7   W. /><?.  384. 

See  alfo  Puffcndorf^X-xs^  of  nature  and  nation's,  b.  3. 
ch.  8.  and  b,  8.  ch    6. 

It  is  held  by  the  bed  writers,  that  a  conqueror  in  a 
juft  war,  acquires  not  a  right  to  the  propetry  of  thofe  of  the 
fubdued  country,  who  oppofed  him  not,  nor  of  the  pofteri- 
ty  of  thofe  who  did:  Nor  can  the  pretence  of  obtaining  fa- 
tIsfa(rdon  for  the  charges  and  damages  of  the  war  jurtify 
luch  a  claim. 

§  **  In  a  free  ftste,  every  man,  who  13  fuppofed  a  free 
agent f  ought  to  be,  in  (bate  raeafure  his  oixin  governor^  and 
theiefore  a  branch,  at  leafl  of  the  kgifiati-vt  povier-  ought  ta 

refidt 


II  5ce  Davik's  report*,  Lend.  i<Sj3,  p.  41; 


■  iH 


II: 


ii' 


i 


A 

at!: 

% 


C   46  ] 

countries,  cannot  be  a  righiful  or  /t^j/  powei .' 
For,  as  an  excellent  Bifhop   of  the  Church  of 


r 


Ht  >     '^',^  \\\\\ 


England 


rtftie  in  the  njohole  body  of  the  people.  And  this  power,  when 
the  territories  of  the  llate  are  fmall  and  its  citizens  eafily 
known,  ihould  be  exprefled  by  the  people  in  their  aggre- 
gate or  colle£\ive  capacity,  as  was  wifely  ordained  in  the 
petty  republics  of  Greece,  and  the  firil  rudiments  of  the  Ro- 
man ilate.  But  this  will  be  highly  inconvenient  when  the 
public  territory  is  extended  to  any  confidcrable  degree, 
an'^  the  number  of  citizens  is  increafed.  In  fo  large  a  flate 
as  ours,  it  is  therefore  very  wif<;ly  contiived  that  the  people 
fhould  do  that  by  their  reprelentatives,  which  it  is  imprac- 
ticable to  perform  in  perfon."  1  Blackstone  158.  159. 
The  above  quoted  words  are  fuiScient  of  themfelves  to 
refute  the  notion  of  **  virtual  reprefentation"  of  Americam 
in  parliament 

As  to  the  argument  drawn  from  fimilltude  between  the 
cafe  of  tho/e  in  England^  not  qualified  to  vote  by  their  pro- 
perty, »^hough  pofTefled  of  a  confiderable  fhare,  as  proprie- 
tors of  the  funds — The  Eaji  India  company— merchants— 
manufadurers  &-c.  and  the  cafe  of  colonifts,  ilie  true  anfwer 
is,  that  there  is  no  referablance  whatever  between  the  cafes. 
A  few  propofitions  will  prove  it :  But  it  may  be  proper  to 
premife — ift.  If  repre/entation  w^s  intended  hy  the  con/iitution 
of  England,  a  complete  reprefentation  was  intended  ;  for  the 
reafon  of  having  any,  requires  having  a  complete  one,  as 
being  the  bejl.  2dly. — If  a  «/w^/f/^  reprefentation  was  i«- 
/^»<//ri/ by  the  conftitution,  every  deft£i\\\  the  reprefentation, 
is  againji  the  intention  of  the  conjlitution.  3diy.  If  a  refpeftc 
able  part  of  the  people  in  England  is  not  reprefented,  //  is  a 
defeSt,  4thly.  if  therefore,  the  intention  of  the  conjlitution 
is  to  be  regarded  as  the  '  -^'^itution,  it  involves  a  plain  abjur- 
dity,io  iXif&r  a  greater  At^'  .  being  conjlitutional,  from  a /mai- 
ler defedl  which  is  uKConjUtutional.  5thly.  The  intention  of 
the  conllitution  muji  be  regarded— and  pra^ices  inconftjient 
with  its  defign,  muft  be  amended  by  it,  if  the  happinefs 
■•',■  ■  •  .  ..  _'   .  which 


C    9^    ■} 


f      47      ]      ^^^^^   ,'?^irMijn/> 


England  argues,  J  "  the  efids  of  government  can- 
not  be  anfwcred  by  a  total  diflblution  of  all  hap- 
pinefs  at   prefent,  and  of  all  hopes  for  the  fu- 


ture. 


i» 


.A\ 


The 


which  it  means  to  promote  and  fccure,  is  to  be  rej?;arded. 
6thly.  If  there  is  not  fuch  a  reprtfentation  in  England^  as  the 
conftitution  requires,  there  ought  to  be.  As  to  the  refem- 
blance  above  fuppofed.  ift.  If  many  inhabitants  of  £/»«- 
land  HAVE  NOT  a  right  to  vote  in  the  choice  of  members  of 
the  houfe  of  commons,  there  are  many  who  have.  2dly. 
liot  one  inhabitant  of  the  colonies,  has  that  light.  3dly. 
Some  reprefentation  is  better  than  nontt  though  a  complete 
one  cannot  be  obtained.  The  frji,  is  a  de/e<3  of  mode,  the 
laUer  an  extiniiion  of  i\\t/ubjiance.  There  is,  to  a  nice  obfer- 
ver  of  nature,  tl  perceptible  difference  between  a  deformed  m^n 
and  a  DEAD  man.  4thly.  Proprietors  of  the  funds  &c.  tho' 
they  have  no  right  to  fuch  vote,  ai  proprietors  &c.  may  yet 
have  it  under  another  charafter,  as  freeholders  &c.  "Jthly. 
When  afting  as  freeholders  l^c.  they  may  take  care  their 
intercfls  ai  proprietors  ^c.  for — 6thly.  1  heir  being  propi  actors 
fjc,  does  not  difqualify  them,  from  acquiring  and  enjoyiag 
a  right  to  fuch  vote  by  becoming  freeholders  l^c.  but  /thly. 
By  acquiring  and  enjoying  a  right  to  fuch  vote,  the  colonifts 
muft  ceafe  to  be  inhabitants  of  the  colonies  — 8th!y.  Their 
being  inhabitants  of  the  colonies ^  therefore  difqualifies  them 
from  acquiring  and  enjoying  th«  rig  it  to  fuch  vote. — 9thly. 
If  thofenot  entitled  to  fuch  vote  in  E*igland  were  not  bound 
by  ftatutes  made  there  they  wodd  not  be  bound  by  fta- 
tutes,  nor  taxed  at  all,  though  poffeft  of  great  property — ' 
but  lothly.  The  coloulits  are  bound  and  taxed  by  the  afts 
of  their  aflemblies.  i  ithly.  K'cn  thofe  not  entitled  to  fuch 
vote  in  England,  and  incapable  of  obtaining  it,  have  this 
protedlion,  that  beea']ti»  reprejentatiites  and  their  eh:lors  ar^ 
bound  by  the  laws  made,  as  well  as  the  reji  of  the  people — and 

the 
X  Hoadley's  Dilc.  on  government. 


i  I 


i\ 


'^\  I 


m 


fill" 


4 


i  *i;    (■ 


.  .    r  48  ] 

The  juft  inference  therefore  from  thelc   pre- 

mifcs  would   be  an   exclufion  of  ajry  power  of 

parliament  orcr  thefe  colonics,  rather  than  the 

admiffion  of  an  unhanded  power. 

We 

the  connexions  between  the  rc^rr/entatitts,  their  elcJiors,  and 
the  rejl  of  the  peopUy  all  living  together  in  the  fame  kingdom, 
are  fo  many  and  io  intimate,  that  even  the  aSually  unreprejented 
cannot  be  affeded,  unlefb  the  reprefcntati'ves  and  tbeir  tUdors 
are  afFcded  alfo.  I2thly.  Totally  different  is  the  condition 
of  colonifts,  if  bound  by  flatutes  generally. — ^y  the  a£ts  of 
parliament  for  raifing  a  revenue  in  America,  the  commons 
ufe  the  words,  '*  give  and  grant."  Can  men  give  and 
grant  what  they  have  not  ?  Did  any  of  chofe  ads  take  a  fin- 
gle  penny  out  of  the  pocket  of  a  finglc  6ivcr  and  gran- 
tor ?  No.  So  far  from  it,  that  if  there  is  any  truth  in  the 
proverb,  and  money  faved  is  money  got,  thefe  "  <^o«<i/?r*». 
/«"  gentlemen  put  money  into  their  pockets  by  their  f  ••  loy- 
al and  dutiful"  generofity.  Every  individual  of  them 
acquired  by  beftowing.  Pretenfions /i'aj  to  ^/'i/^  are  fuch 
contradidionsto  fad  andfenfe,  that  in  making  them  afandion 
ofinjulHce  is  fuughcfrom  a  principle  of  the  conflitution,  and 
in  defcribing  them,  a  folecifm  in  fpecch becomes  a  proper  ex- 
preflion.  It  mud  be  acknowledged  however,  that  the 
commons  are  more  than  found  divines,  for  they  improve 
upon  the  text,  \  and  *'  coutit  tneir  kj$  for  gain.'* 

Statutes  might  grind  us,  while  not  an  tledcrui  England 
would  know  or  regard  our  fuft"erin^s—ii  acquainted  with 
them,  he  might  think  the  flatutes  inflidii>g  them,  just 
and  POLITICAL,  An  open  avowal  has  been  made  in  par* 
hament— that  it  is  ^  *•  the  indispensible  duty  of  par- 

liamenty 

•f-  PrcamMes  to  ftatutcs  for  raifing  a  revenue  in  America. 

I  PmlippiatiS  iii.   7. 

§  Thcfe  words  arc  extraded  from  the  proteft  of  the  lords  on 
the  repeal  of  the  American  ftamp-adt — §.  6. — 61  lordi  w«re  a- 
gimd  tUf  :-('pcal,  33  d  them  finned  the  proteft. 


C    49    ] 

'  We  well  know,  that  the  colonifts  are  charged 
by  nrnny  perfons  in  Great  Brit,  in,  with  at- 
tempting to  obtain  fuch  an  exclufion  and  a  total 
independance  on  her^  As  well  wc  know  the 
accufation  to  be  utterly  fit^fe.  We  are  become 
crimmal  in  the  fuiht  of  fuch  perr)ns,  by  re- 
fufing  to  be  guilty  ot  the  higheft  crime  againft 
oi:rreivt.s  and  our  poftenty.     Nolumus   leges 

ANGLiiE  MUTARi,     This  is  the   rebellion  with 

G  which 


liament  to  tax  the  colonies  in  order  to  ease  the  gentry 
And  peoplf  of  Great-Britain."  Let  not  j^mtricaus  c- 
ver  forget  the  loidly  words!  To  underHand  them  fullyy  we 
fhould  confider — 

Our  difputc  includes  not  only  the  prefent  taxes  laid 
upon  us.  The  univerfal  property  of  England  wasinterefted 
in  Mr.  liambdtn\  fuit,  about  a  few  (hillings.  If  the  crown 
had  a  right  to  thojt  ihiiling»,  it  had  a  right  to  every  (hilling 
«f  e'very  man  in  the  kingdom.  Great  Britain  is  about 
ONE  HUNDRED  AND  FORTY  MlLLiOiMS  OF 
POUNDS  STERLING  in  debt.  If  (he  can  pay  any  fart 
of  that  debt,  by  taxing  js,  (lie  may  pay  the  luhole  by  tax- 
ing us,  if  we  can  raife  the  money.  If  we  cannot,  yet  as  we 
are  upbraided  continually  in  pamphlets  and  papers  with  the 
richnefs  of  our  houfes,  our  furniture,  our  equipage,  our 
tables,  and  our  drefs,  (he  may  be  made  to  think  we  abound 
too  much  in  thefc  con'veniencies.  If  we  are  reduced  to  the 
condition  of  French  peafants,  it  is  no  matter.  We  belong 
to  the  people  oi Great- Britain:  And  all  Britijh  fubjeds,  but 
jimericansy  ma  do  vvhat  they  pleafe  with  their  own.  "  It 
is  her  indifpenfible  duty,  fay  their  lordfmps,to  cafe  her- 
felf  by  taxing  us ;"  and  furely  there  is  virtue  enough  left  in 
a  J!?r////^  parliament,  notwiihftanding  all  the  dreadful  intel- 
ligence Britijh  writers  fend  us  over,  to  perform  that  "  duty,** 
exaAly.    But  this  is  not  all.    Th^ere  are  certain  wicked 

,  .  frmchmm 


■^ 


,;  » 


.1! 


C   50   ] 


'1 


pi- 


%:i 


which  we  are  ftigmatized.  [  We  have  commit- 
ted the  like  offence,  that  was  objeded  by  the 
polite  and  humane  Fimbria  againrt  a  rude  fcna- 
tor  of  his  time.  VVe  hav?  "  difrefpcol fully  re- 
fufed  to  receive  the  whole  weapon  into  our  bo- 
dy."    We  could  not  do  it,  and  live.     But  that 

muft 

Frenchmen  and  Spaniards,  that  in  every  period  of  twenty  or 
thirty  years  oblige  Great- Britain  to  add  thirty  or  forty  mil- 
lions to  her  debt.  Upon  an  average,  fjnce  the  revolution, 
fhe  runs  annuviUy  in  debt  about  a  million  and  an  half.  Can 
it  be  expeded,  her  mii/ulers  will  be  kinder  to  us,  than  they 
have  been  to  her  ?  Where  will  the  demand  upon  us,  where 
will  our  wretched nefs  llop,  if  we  have  not  refolution  enough 
to  defend  ourfelvet.  ? 

A  ftatute  intended  to  have  force  on  the  people  of  Gnat- 
Britain,  is  the  cafe  of  a  state  ailing  upon  itself.  A  fta- 
tute intended  to  have  force  on  the  people  oi  America ^  is  the 
cafe  of  ONE  fidte  aSling  upon  another.  The  people  of 
Great  Britain,  who  in  the  firll  cafe  TxxtJubjeSi  to  the  ftatute 
—in  the  fecond,  are  the  abfolute  fovereigns  ivho  impofe  it  on 
others,  ' 

**  Virtual  reprcfentation"  then,  as  applied  to  colonifts — 
is,  to  borrow  expreflions  of  the  excellent  archbirtiop  Tillot- 
fon,  on  another  occafion,  altering  only  two  words — "  An 
abfurdity  of  that  monftrous  and  mafly  weight,  that  no 
human  authority  or  wit  are  able  to  fupport  it.  It  will 
*•  make  the  very  pillars  of  St."  Stephens  *'  crack,  and  re- 
quires more  volumes  to  make  it  good  than  would  fill" 
WeJiminJIer  Hall, 

Yet  this  ii\cJt  defpicable  notion  has  been  the  pretence,  fir 
our  felloiv  fuhje^s  f  clapping  inuficets  to  our  breads,  and  tak- 
ing our  money  out  of  our  pockets. 

f  *'  Win  their  hearts,  and  you  may  foon  have  their  hands  and 
pur/es,*'  Wis  the  advice  of  oid  lord  Burleigh  to  queen  Eliznheth. 
She   was  wile  euoii;jU  to  take  it.     The  world  knows   the  confc- 

<p-:nces. 


t  51  ] 


mull  be  ackr  owl  edged    to  be   a  poor  cxcufe, 


ifilli 


equally  inconiiiient  with  good  breeding  and  the 
fupreine  legiflature  of  Great- Britain.  J 

For  thefe  ten  years  pad  we  have  been  Inccf- 
fantly  \\  attacked.  Hard  is  our  fate,  when,  to 
efcape  the  charader  of  rebels,  wc  mud  be  de- 
rrraded  into  that  of  flaves  :  as  if  there  was  no 
medium,  between  the  two  extremes  of  anarchy 
and  defpotifm,  where  innocence  and  freedom 
could  find  repofe  and  fafcty. 

.  .....       K        J 

Why  lliould  we  be  cxhibired  to  mankind,  as 
a  people  adjudged  by  parliament  unworthy  of 
freedom  ?  The  thought  alone  is  infupportable. 
Even  thofe  unhappy  perfons,  wholiave  had  the 
misfortune  of  being  born  under  the  yoke  of 
bondage,  impofcd  by  the  cruel  laws,  if  they 
may  be  called  laws,  of  the  land,  where  they 
received  their  birth,  no  fooner  breathe  the  air  of 
England^  though  they  touch  her  fliore  only  by 
accident,  §  than  they  intlantly  become  ireemen, 

G  2  Strange 

!{  4  Geo.  3,  ch.  1 5.  4  Geo.  3,  ch.  34.  5  Geo.  3,  ch.  12, 
5  Geo.  3,  ch.  45.  6  Geo.  3,  cjb.  12.  6  Geo  3,  ch.  52.  7 
Geo.  3,  ch.  41.  7  Geo,  3,  ch.  ^59.  8  Geo.  ^,  ch.  22.  The 
rcfolves  that  colonics  may  be  tried  in  England  under  the 
35  Hen.  8.— The  blockade  of  Bo/lon—the  Rhodc-IJlatid 
court,  &c.  &c. 

\  Somerfet\  cafe,  ••  L 


i\ 


^ 
W' 


^ 


t^M 


V  ) 


C   52   J 

'"  Strange  contradidtion.  *  The  fame  kingdom  at 
*'  ;hc  fame  time,  the  aj^lum  and  the  l^ane  oi  liberty. 


*'j«j 


To  return  to  the  charge  againfl  us,  we  can 
fafely  appeal  to  that  Bein^,  Irom  whom  no 
thought  can  be  concealed,  that  our  warmeft 
wilh  and  utmoll  ambitiun  js,  that  we  and  our 
pofterity  may  ever  remain  fubordindtc  to,  and 
dependant  upon  our  parent  itate.  This  fub- 
milTion  our  rcalbn  approves,  our  affcr6\ion  dic- 
tates, our  duty  commands,  and  our  interefl: 
enforces.  If 

•To  this  contraclIiTlIon,  the  follovvJnu'  raav  be  added  — 
Her  policy  at  onct  to  keep  peace  with  her  natural  enemies^ 
and  CO  provoke  her  natural  friends,  whofe  aflillance  one  day 
—and  that  day  leenis  to  be  approaching  — in  iheviciflitudcs 
of  human  affairs,  great  as  (he  is,  (he  may  want  ; — her  in- 
tereft,  as  (he  thinks,  to  proteii  and  to  opprtfs  PRO- 
TEbTAN  r  countries  -  to  abhor  a  large  Jlunding  army  and 
>  yet  voluntarily  to  put  heifef  under  the  abfolutf  necelTity, 
,of  perpetuating  an  immenjely  large  one,  to  govern  the  many 
miJions  of  flaves  (he  expects  (bon  to  have  on  this  vaft  con- 
tinent. Two  of  the  (hrcwdcU,  though  not  belt  emperors, 
that  ever  lived,  Augujlus  and  Tiberius,  prohibited  every  man 
of  dilHiidior.  from  letting  his  foot  in  £^v//,*becaufe  of  the 
importance  o(  that  province  to  Rome.  Hut  Great  Britait?, 
as  if  thife  numetous  provinces,  much  more  remote  irom 
lier,  than  Egypt  from  Rome,  were  o\  little  confi-quence, 
willingly  obliges  herlelt  to  tru(t  a  mighty  armed  power 
into  the  hands  of  a  Lbjeft,  in  thefe  colonies,  the 
'  tempting  intereft  of  which  fuHjeft  and  of  the  people,  may 
'  engage  them  to  unite  in  «-ftabii(hingan  independant  empire, 
on  her  own  model.  Great-Britain  ojght  not  to  forget,  that 
Jlame  was  ruined  by  keeping  (landing  armies  in  her  pro- 
vinces. 

•  Tau 


< 


[     53    J 


ind 

lany 


If  this  fubmiflion  indeed  implies  a  diiTolution 
of  our  conftltution,  and  a  renunciation  of  our 
liberty,  we  lliould  be  unworthy  oi'  our  relation 
to  her,  if  we  fliould  not  frankly  declare,  that 
we  regard  it  wi  h  *  horror;  and  every  true 
true  EngliJIjman  will  applaud  this  juil  diliindlon 

and 

*  The  Privernates  had  revolted  from  the  Rowans,  hut 
were  reduced.  The  quellion  was,  what  judgment  Ihou'.d 
be  given  againft  them.  Tliis  is  Livys  account  ol  tj^e  af- 
fair, in  the  2  11  chapter  of  his  8th  book. 

"  Qiium  ipfa  per  fe  res  aticeps  eij'et,  prout  ciijurqne  in- 
genium  erat,  atrocius  mitiuivc  fuaucntihus ;  tuni  inceriio- 
ra  ofiinia  unus  ex  Privernatibus  legaiis  lecir,  ma  if.  couditi- 
onis,  in  qua  iiatus  efict,  quam  irgc'enti  ncccflitaiis,  mc- 
mor:  tjui,  idtcrronatus  a  quodam  trillioris  fcntetificc  au>ito- 
re,  quam  janam  tr.eritcs  P»ivernates  cenlnet ("  enm,  inquif, 
quam  meteiitur,  qui  Je  iibertate  di^nos  ceut'cnt:  cujus  quum  fe- 
roci  refponlo  intelliotes  fados  videret  conlu;  tos,  qui  ante 
Privernatium  caufam  impu'^i.alT'ir.t ;  ut  ipie  ber.i^na  inter- 
rogatione  niitius  rffponfum  eliciret,  f^''\Ji  pcenam^  in- 
quit,  remittimui  'vobis,  qualem  ties  factm  njohijcum  habitwcs 
/per emus?  Si  bonam  tteleutis^  inquit,  ^ Julam,  tif  perpctuam: 
Ji  malam,  hau/i  diuturnatn.  Turn  vero  minciii,  necidan^bi- 
gue,  Privernaiem  qiiiiiam,  >'  iliis  vocibus  ad  rebellandum 
incitari  pacatos  popu!o«,  pars  melior  fena'us  ad  mtliora  re- 
fponfum  trahere,  &  diceie,  Viriy  ^  lileu^  ^uccem  auditam^ 
an  credi pcjje,  ullum  populum,  aut  hominem  am: que,  in  ea  condi- 
tioner cujus  eum  pegniteat,  diH>ius,  quam  iienjj- Jit,  manjurwn? 
Ibi  pacem  ejjejidam,  ubi  'vcluntarii  pacati  put :  tieque  to  Icco, 
ubi  fer'vitutem  cjje  ^uelint.  fidem  Jjerandam  ejje.  In  hanc  (en- 
tentiam  maxinie  coiiful  ipfe  indinavir  animos,  identidem  ad 
principes  fententiarum  coufulares,  uti  exaudiri  poffet  a  plu- 
ribus,  dicendo,  Eo,  'emum,  qui  nihii.  prceterqiiam  deltlertate^ 
cogitent,  dignos  rjf-,  qui  Rornani  fnnt.  Jtaque  &  in  fenata 
caufam  obtinuere,  &  ex  auftoritate  Patrum  latum  ad  popa- 
Juin  eft,  ut  Privernatibus  civiTAs  DARiTUR," 


f, 


ir 


i't 


C    54    ] 

and  candid  declaration,  f  Our  defence  neceflarily 
touches  chords  in  unilbn  with  the  fibres  of  his 
honed  heart.  They  muft  vibrate  in  fympathetic 
tones.  If  we,  his  kindred,  fhould  bcbafee- 
nough  to  promife  the  humiliating  fubjedion,  he 
could  not  believe  us.  We  fhould  fufTer  all  the 
infamy  of  the  engagement,  without  finding  the 
benefit  cxpedled  from  being  thought  as  con- 
temptible as  we  (hould  undertake  to  be.  ] 

But  this  fubmifiion  implies  not  fuch  infup- 
portable  evils:  and  our  amazement  is  inexprcfii- 
ble,  when  we  confider  the  gradual  incieafe  of 
thefe  colonies,  from  their  flender  beginnings  in 
the  laft  century  to  their  late  fiouriftimg  condi- 
tion, and  how  prodigioufly,  fince  their  fettle- 
ment,  our  parent  (late  has  advanced  in  wealth, 
force  and  influence,  till  (he  is  become  the  firft 
power  on  the  fea,  and  the  envy  of  the  world — 
that  thefe  our  better  days  (hould  not  ftrike  con- 
viction into  every  mind,  that  the  freedom  and 
happincfs  of  the  colonids  are  not  inconfiftent 
with  her  authority  and  profperity. 

The  experience  of  more  than  one  hundred 
years  will  furely  be  deemed,  by  wife  men,  to 
have  fome  weight  in  the  fcale  of  evidence  to 
fupport  our  opinion.  We  might  juftly  a(k  of 
her,  why  we  are  not  permitted  to  go  on,  as 
we  have  been  ufed  to  do  fmce  our  exiftencc, 

■     ""  ■' :"     '■''■■■    -:'>■--■  ,-^  r'-  '^"       •    ■•;■'        con-      • 


C    55    ] 

conferring  mutual  benefits,  thereby  (Irengthen- 
ing  each  other,  more  and  more  difcovcring  the 
reciprocal  advantages  of  our  connexion,  and 
daily  cultivating  afFcdions,  encouraged  by  thofe 
advantages  ? 

[  What  unknown  offences  have  we  commit- 
ted againft  her  within  thcfc  ten  years,  to  pro- 
voke fuch  an  unexampled  change  in  her  condufl 
towards  us  ?  In  the  lad  war,  (he  acknowledged 
us  repeatedly,  to  be  faithful,  dutiful,  zealous 
and  ufcful  in  her  caufe  Is  it  criminal  in  us, 
that  our  numbers,  by  the  favour  of  Divine 
Providence  have  greatly  encreafcd  ?  That  the 
poor  chufe  tr  fly  from  their  native  countries  in 
Europe  to  this  continent  ?  Or,  that  we  have  fo 
much  improved  thefe  woods,  that  if  we  can  be 
forced  into  an  unfuccefsful  refiftance,  avarice 
itfelf  might  be  faiiated  vy)th  our  forfeitures  ?  ] 

It  cannot  with  truth  be  urged,  that  pro- 
je«Ils  of  innovation  have  commenced  with  us» 
Fadls  and  their  dates  prove  the  contrary,  f  Not 
a  difturbance  has  happened  on  any  part  of  this 

continent, 

t  "  The  winds  lift  up  the  waves",— faid  a  wife  man- 
yet  we  read  of  a  weak  man,  who  fcourgcd  waves — but  he 
had  not  :  aifed  them.  To  excite  commotions,  and  then  to 
fcourge  /tr  bting  excittd^  »«  an  addition  to  the  wildnefs  of 
a  Xerxes,  referved  more  particularly  to  diftinguifh  the 
prcfent  age,  already  fufficiently  illuftrious  by  the  injuries 
•iTcrcd  to  the  rights  of  human  paturCi 


'«! 


C  56  ] 

continent,  but   in   confcquencc  of  fonic  imrnc-* 
dinicly  preceding  provocation* 

To  what  piirpole  ?  The  charge  of  our  af- 
fcdlin^  one  gre.u,  or  many  Imall  republics, 
muil  app.  ar  as  contemptible  a  madncfs  to  her, 
as  it  Hoes  to  us.  Divided  as  we  are  into  many 
provinces,  -f  and  incapable  of  union,  except 
...    ,  .  agajnft 

f  The  piTilus  of  a  Beccaritt,  fufrgcHcJ  to  l.im  the  condi- 
tion of*  a  larp,e  einpiie  verging  into  fervitudc — the  only 
plan  for  faving  it, — and  the  difficulty  of  executing  that 
plan.  **  An  overgrown  republic  (lays  he,  and  fuch  a  H- 
Bii'ed  monarchy  as  that  of  Great-Britain  with  fuch  an  extent 
of  dominions,  may  well  be  called,  •'  an  overgrown  repub- 
lic,") can  only  he  faved  from  dcfpotlfm,  hy  fuhdividing  it 
into  a  number  of  tonfederate  reiubl cs.  But  how  is  this 
praflicable  f  by  a  defpotic  di£lator,  who  with  the  coyage 
of  Syi/a,  has  a»  much  genius  for  building  up,  as  that  Roman 
l»ad  for  pulling  down,  ifh-  be  an  ambitious  man,  his  re- 
ward, will  be  immortal  glory;  if  a  pMIo^opher,  the  blefl*- 
ings  of  his  fellow  citizens  will  fufficicntly  confole  nim  for 
the  lofs  of  authority,  though  he  (hould  not  be  infenfiblc  to 
their  ingratitude." 

What  was  argument  in  Italyj  is  reality  to  Great  Britain, 
with  this  additional  ciicumftance  in  her  favor,  that  ftie  muft 
always  continue  if  fiie  wifely  conduds  her  affairs,  though 
leis  tiian  all,  yet  greater  than  on^.  The  immenle  advan- 
tages of  fuch  a  fituation,  are  worthy  the  clofelt  attention  of 
[  every  Briton.  To  a  man,  who  has  confidered  them  with  that 
attention,  perhaps  it  will  not  appear  too  bold  to  aver» 
that,  if  an  archangel  had  planned  the  connexion  between 
Great-Britain  and  her  colonics,  he  could   not  have  6xed   it 

ou  a  more  lalUng  and  bsneEcial  foundation^  unlefs  he  could 

have 


*y. 


[    57    ] 

againfl   a    common   danger,    flic    knew,    that 
wc  could  not  think  of  embarking  our  trcafurcs 

H  of 


have  cliangcd  human  nature.  L  mighty  raval  power  at 
the  head  of  the  whole— -that  power,  a  parent  Hate,  with  all 
the  endfaring  fentiments  attending  the  relationfhip  -  that 
never  could  difoblige,  but  with  dcfign  —  the  dependant 
Hates  much  more  apt  to  have  tcuds  among  thcmfel  vcs— Ih; 
the  umpire  and  cootrouler  thofe  Uates  producing  every  ar- 
ticle necelFary  to  her  j^reatnefs  -  their  intereft,  that  (he 
flioulc  I  ontinue  free  and  jlouriftiing — their  ability  to  throw 
a  cnnfiderable  weight  into  the  fcale,  Ihould  her  govern- 
ment gcr  UNDUi.v  POISED —  flic  and  all  thofe  Uates  Pro- 
testant—are  fomc  of  the  circuinllances,  that  delim^ated 
by  t:ie  mafterly  hand  of  a  Bcccaria^  would  exhibit  a  plan, 
vindicating  the  ways  of  heaven,  and  demo  Ibating,  that 
humanity  and  policy  arc  nearly  related.  An  AleKunder^  a 
Ccefai  ^UarUst  a  Lewis,  and  others  have  fought  through  fields 
cf  blood,  for  univerful  empire.  Great- Britain  has  a  certainty, 
by  population  and  commerce  alone,  of  attaining  to  the  moft 
allonl;hing  and  well  founded  power  the  world  ever  faw. 
The  circumllaiices  of  her  fituation  are  new  and  ftriking. 
Heaven  has  offcied  to  her,  glory  and  profperity  without 
meafure.  Her  wif;.-  minillers  dildain  to  accept  them — and 
prefer—"  aptpper  corn."* 

So  diredlly  oppofite  to  the  iniereO  of  Great  Britain^  hai 
the  condud  of  adminijiration  been  for  lome  time  paft,  that  it 
may  fafely  be  affirmed,  that,  ii  their  view  was,  to  eftablifli 
arbitrary  power  over  Great- Britain^  fchemes  more  danger- 
ous could  not  have  been  laid.  lo  profefs  this  purpofe, 
would  enfure  a  defeat.  Any  man,  who  had  fuch  a  defign^ 
would   firft   take    the  opportunity   of  peace,  to   set   one 

PART      of     TriE     SUBJECT     AGAINST     THE      OTHER. ThlA 

might  be  done  in  the  following  manner.  ^       ,.  .^,„', 

•  Mr.  Nugtnfi  fpccch. 


[     58     1 


oi  tranquility  and  liberty,  on  an  ocean  of  biood, 
in   a   wandering   expedition    to   lome   Utopian 

port. 

Let  every  feflion  of  parliament  produce  a  frefli  in- 
jury. Give  no  reft,  or  hope  of  reft.  Let  infult .  added 
to  infult,  fill  up  the  vacancies  between  the  feflions.  Tcafc 
and  perfecute  into  oppofition.  Then  let  ininillers  them- 
felves  rejoice  in  the  freedom  of  the  prefs.  Let  every  adion 
of  the  oppreffed  be  exaggerated.  Let  innumerable  falfe 
invedives  be  vented  in  pamphlets  and  newspapers. 
Let  all  the  provocations  and  excufes  be  concealed  from  pub- 
lic {ight  as  much  as  poflible.  Load  the  devoted  with  the 
terms  of  tray  tors  and  rebels.  Nearly  in  this  way  Scotland 
WaS  treated  by  the  arbitrary  minillry  of  Charles  the  firft. 
But  the  pajliament  and  people  of  England  had  common 
fenfe  and  virtue.  The  bafc*  deccpdon  could  not  pafs  upon 
them.  They  faw  the  fr are  laid  for  thetn\  and  refented  it 
fo  deeply,  that  an  arrr.^  of  Englifijmen  fied  before  an  army 
o{ Scotchmen  iX  Nenvhurn.  For  once  it  was  glorious  to  fly. 
But  it  required  Englijh  head-  i:  EngUjh  hcar":s  to  undcrftand 
and  to  ad  the  part. 

Thus  :he  colonies  have  been  treated.  At  laft  a  ci''il  war 
may  be  worked  up.  It  fliould  be  cuniidered,  \>^  Lord  Marti'- 
field  expreffes  it — .\hether  **  th*;  play  is  worth  the  candle." 
In  fuch  a  war,  every  vidory  will  be  a  defeat.  If  the  colonics 
are  fubdu'^d,  vaft  fums  muft  be  raifed,  and  a  prodigious. army 
muf;  be  fupported,  to  keep  them  in  fubjedion.  Great-Britain 
muft  feel  the  weight  ot  that  influence,  added  to  the  power  of 
thecrown.  The  colonies  are  encreafing.  Who  can  computc'the 
extent  and  efFed  of  fuch  an  influence^  ?  Undone  by  her  vic- 
tories, 

t  "  Bit,  on  the  other  hand,  it  i$  to  be confidcred,  that  «very 
prince,  in  the  firft  parliament  after  his  acctffion,  has  by  long  uf- 
age  -K  tru'y  royal  addition  to  his  hereditary  revenue  fettled  upor 
him  for  his  life;  and  has  never  any  occafion  to  apply  to  parliament 
for  fupplics,  hut  upon  fome  public  neceflity  of  the  whole  realm. 
This  reftores  to  him  that  conftitutional  independence  which  at  his 
firft  accefjon  fceme,  it  muft  be  owned,  to  be  wanting.     And  then, 

with 


C    59    J 

port.     The  hi  (lory  of  mankind,    from  ihc  re- 
moteft  antiquity,  t'urnifhts  not  a  fingle  inftance 

11    2  of 


tones,  (hc«z/y?  refign  her  liberty  or  fomefuture  monarch 
WITH  HER  colonies,  unlcfs  Tiic  firfl  lofes  thtm  in  another 
way.  If  (he  is  unfortunate,  pubiic  calamities  may  make 
great  changes.  Such  changes  feem  to  be  intended  by  fome 
men.  Great-Britain  has  been  leJ  into  the  Rulicon,  She 
has  not  yet  paft  it.     We  confider  the  hoftilities  already  prac- 

tifed, 

with  rci'ard  to  power,  we  may  find  pci-haps  that  the  handi  of  go- 
\ernmeiu  are  at  leaft  fuflicietuly  '"ircrigtheiied;  and  iliat  an  Englifirt 
nionarcl'  is  now  in  no  danger  of  being  ovcrhorne  by  citlier  the  no- 
bility or  the  people.     The  inftrumcnts  of  power  are  not  perhaps  fo 
open  and  avowed  as  they  formerly  were,  and  thjrefore  arc  the   lefs 
liable    to  jealous   and  invidious  rtflevSlions;  but  they  are  not    the 
vtilcer  upon  that  account,     lu  fliort,  our  national  debt  and  taxes 
(hefidcs  the  inconvenicnoies  before-mentioned)  have  alfo  in  their 
natural  coiifcqucnces  throwii  fuch  a  weight  of  power  into  the  exe- 
cutive fciie  of  government,  as  we  cinnot  think   was  intended  by 
our  patriot  ancrflors;  who  gloriouily  ftruggled  for    the  abolition  otV 
the  then  formidable  p  r  ts  of  the  pverogativc,  and  by  an  unaccount- 
able wanf  of  foi-efight  t  (hiblinied  this  fyfteni    in  their   ftead.     Tbt 
entire  colleHion  and  nunaoe-nent  of  fo  vajl  a  revenue,    being  placed  in 
the  handi  of  the  crown,  luvc  given  life  to  inch  a    mu'titude    of  new 
ofTicers,  creited    by  and   rcmovcaljle  at   the  royal  pleafure,  that 
they  have  extended  the  influence  of  government  to  every  corner  of 
tke  nation.     Witntfs  the  commifioners,  n\<.\  the  mullitude  of  depen- 
denti  en  the  culloms,  in  every  port  of  the    kingdom;   the   commtfion- 
ersofexcife,  Axid  their  tin /neroKsfuball ems,  in  every    inland   diffriifk: 
the  fajlmajien,  and  thc\v  fervants^  pi.intcd  in  every  town,  and  up- 
on every  public  road;  the  ccmmijjiofiers  of  Ike  Jiamps,  and  their  i/iy/ri- 
lutors,  which  are  full  as  fcat«^cred  and  full  as    nunierou-,;  the  offieert 
of  the  fait  duty,  which,  though  a  fpecics  ofcxcifc  and  conduiSred  in 
the  fame  manner,  are  yet  made  a  diftioi^l  corps  from  the  ordinary 
managers  of  that  revenue;  thejurveyors  of  houfes   and  ivindowi;  the 
receivers  of  thi  land  tax;  the  nunagers  of  Lttarie^;  and  the  commiJ/ioH' 
en  of  hackney  coaches;   ail  which  are  either  mediately   or  immediate- 
Jy    appointed  by  the  crown,  and  removeable  at   pleafure    withn\ii 
any  reafon  alTi^ned  :   tkcfe,   it  rcquiits  but  little  penetration  to   i'te, 
muft  give  that  power,  on  wl»ieh  they  depend  for  fubfiftence,  an  in- 
fluence nioft  amazingly  exteniive.     To  this  may  be  added  the  fre- 
quent opportunities  of  conferring  particular  obligations,  by  prefer- 
ence in  loans,  fubjcriptioiis,  tickets,  remittance^    and  other  money  tran- 
faHioHS,  which   will  greatly  encrcafc;  this  influence ;  and   that  over 
thofe  pcrlbns  vrhofc  attachment,  on  account  of  their  wcikh,  is  fre« 
"  <jueutly 


.  ^i;i«fW''»IWJIWJ(W'/))(<Wi!,if^RwW.'!Wt'V!' 


r  60  J 


of  a  people  confiding  of  hufbandmen  and  mer- 
chants, 

tlfed,  as  the  rranceuvres  of  a  minirterlal  war,  "VVe  know 
the  niachinatioiKs  formed  a'.>ainft  us,  and  the  favourite  publi- 
cations indulhiouflv  ipread  abrt;ad,  to  excite  a  jcaloufy  of 
us  among  our  Bntijl)  brethren.  We  know  how  acceptable 
to  many  an  caitlujuake  would  be  to  "  hnk  fomc  of  the 
colonies  in  the  oceai;"  -and  how  pleafing,  to  cmplov  the 
reft  **  in  raihng  Jlaple  comnu/diiies ;"  1  hat  we  are  thought 
*'  too  numerous,"  and  how  much  it  would  be  judged  by 
fome  for  the  intereft  of  Great  Britain,  if  a  peltilence  fhould 
fweep  off  a  million  and  a  half  of  us.  Theft"  wonderful  lucu- 
brations have  notefcaped  us.  But  here  we  are,  by  Divine 
Providence,  three  miliions  of  fouls.     What  Cin  be  done 

wilh 

quenrlythc  mofl  dcfirablc.  All  this  is  thcnatiira),  though  perhaps  the 
uutortlctn,  tonltquencc  of  erf(5ling  our  funds  of  cicdit,  and  to  fup- 
portthcmcft<hlilliingour  prcfcut perpetual  taxts:  the  wholcof" vvhiclj 
is  intirely  new  lincc  the  rcftiration  in  1660-,  and  l)y  tar  the  greatcft 
pait  fiucc  the  revoluti()n  in  1688.  Aud  tlic  lame  may  he  faid  with  rei 
gaid  to  the  officers  in  our  numerous  army ,  and  ihe  places  whicli  the 
army  has  created.  All  whicli  put  together  givrs  the  executive  power 
fo  perfuafive  an  energy  with  reipeiTl  to  the  ptrlnns  themfclvcs,  and  lb 
pievai!  ^^j,  an  intertfi  with  their  friends  aud  families,  as  will  amply 
make  amends  for  the  iofs  of  rxternal  pn  rogative. 

"  liut,  though  this  protufion  of  offices  Oiould  have  no  eflc(£t  orx 
individuals,  there  is  ftill  another  newly  acquind  branch  of  power; 
and  that  is,  not  the  influence  only,  but  the  force  of  a  dtjciplwed 
army  :  paid  indeed  ultimately  by  the  pccple,  but  mimcdiateiy  by 
the  crown;  raifed  by  the  crown,  officered  by  the  crown,  comman- 
ded by  the  crown.  TUcy  are  kept  on  foot  it  is  true  only  from  year 
to  year,  and  that  by  tlu  power  of  parliament ;  but  during  that  year 
they  mufl,  by  the  nature  of  our  conftitution,  if  raifed  at  all,  be  at 
the  abfolute  difpofal  of  the  crown  And  thcie  nted  buJ:  few  words 
t()  demonflratc  h>>w  great  a  trufl  is  thereby  repoied  in  the  prince  by 
his  people.  A  trufl,  that  is  more  than  equivalent  10  a  thoufand 
little  troublefome  prerogatives. 

"  Add  to  all  this,  that,  befides  the  civil  /?/?,  the  immevfe  r^f^- 
Hj«c  of  almoft  feven  millions  flerling,  which  is  annually  paid  to  the 
creditors  of  the  public,  or  carried  to  the  fuikingfund,  is  firfl  depo- 
fited  in  the  royal  exchequer,  and  thence  ilTued  out  to  the  refpec- 
tive  offices  of  payment.  This  revenue  the  people  can  never  rcfufe 
to  raife,  bccaufe  it  is  made  perpetual  by  aifl  ol^  parliament ;  which 
alfo,  when  well  confidered,  will  appear  to  be  a  truft  of  great  deli- 
i^acy  and  high  importance." 

I  3l>ac]($ion£'&  Com.  b.  i.  ch.  8.  p.  334 — 326. 


C     6-1     'J 

chants,  vokmtaiily  engaging  in  fuch  aphrenzy 

of 


with  us  ?  If  we  were  tobeconfidered,  only  as  jjrROTBSTANT 
alliest  we  oughc  to  be  elleemed   by  a  wife  peopie.     Such  a 
people  certaiuly   would  not   be  careful  to  difunite  us  from 
their  intcrcll  -to  make  us   foes  when   ihey  mi^ht  have   us 
friends.     Some    ftate?  have  ihouv;i.t  it  true  policy  to  j^rant 
greater  indulgences  t^)  rem-^te  dominions,  than  were  enjoyed 
by  themfeives :  An. I  this  policy  ha<'  been  much  applauded. 
The  enjoyment  of  va1ual)le  privileges  bv  inferior  Hates,  un- 
der the  proteilion  of  a  fupcrior,  is  the  llrongcll  bond  of  de- 
pendance.      Why  (hould  wl- prefer  a  dcpendance  on  Great- 
Biitain  to  a  dependance  on    France^  if   we  enjoy   lefs  free- 
dom under  the  former,  than  we  mav  under  the  latter?  "/'/>- 
mijjmum impet iunt,  quo  obedkntes  gaudent" — or  as  lord  chie£ 
jullice  Coke  expreHls  it,  in  his  comment  on  the  25th  of  Ed~ 
cward  the  third,  '*  the  tlate  of  a  king  llandcth  more  i^fJurcd 
by  the  love  and  favour  of  the  fubje*.^,  than  by  the  dread  and 
fear  of  laws,  &c.*'|  Ought  Gr^^*-2?>-;/i3y«  to  defpife  the  ad- 
vantages 

11  Great- Britain  put  hciCelf  to  a  very  confidei  rfl)!e  expeuce  lafl 
war  in  dccnce  of  Portugal,  bccaufe  thu  kin|;'ioin  was  litr  ally, 
and  fhe  dttivt-d  jJieat  advintaj»ts  from  ^m  intercourfe  with  her. 
But  what  are  thofc  auvaiiuj^cs  or  the  afT.vilions  arifinj;  ftom  them, 
when  compired  to  tlic  advantages  and  alLvVl  ifis  thar  c mnccft  rhcfc 
Colonics  with  Grecit-Brltmn  ?  W<>rds  cawnot  <-x'/»  tl's  the  furprizc, 
that  men  frte  from  |).iflion  muft  feci,  on  con'.KKrir.g  her  impt)Iicy, 
in  labouring  to  disj  )in  from  lit^iTcIf  the  only  tiu<;  rrleiidi  Cut  l»a>  in 
the  world.  If  her  nilnifUrs  were  penfioncrs  of  France  and  s/>7/V, 
they  could  not  purfue  mcafurts  more  picahng  and  advantageous  to 
to  ihofc  kingdouiii. 

f  "  During  all  our  happy  days  of  concord,  pirtly  from  ourna- 
tlonai  moderation,  and  paitly  from  the  wifJ'  in,  and  fametinies 
perhaps  from  the  farelefsntTs  (.f  our  miniRcis,  rliey  h.ive  beeu 
truftcd  in  a  good  me^fure  with  the  cuiitr  m  uiaj^  rii.;iit  of  their  af- 
fairs; and  the  (ucctfs  they  have  met  with  ouolu  i.>  ho  to  us  an  ever 
memorable  proof,  thatTHc  tr#k  \'<r  of  c")  vkr  n  m  knt  (f^^- 
NOT  GOVERNING  TOO  M  u  C'H  And  why  (hould  frieudOiip  and 
gratitude,  andlongattachmcnts,  whichiiif  i'C  I'l  therclilliandfwcct- 
iiefs  of  private  life,  be  fuuporci!  to  be  )f  nn  \vc!(»ht  in  the  intercourfe 
between  great  commiuutlts  ?  Thufc  are  piinoii  k^'of  human  nature, 
which  aA  wirii  much  greater  ct.taintv  on  numbers  thin  on  indivi- 
duals. If  properly  ciiltivatrd  ihty  niiy  to  u<.  be  prodinSive  ot  tHe 
noblcfl  benefits;  and,  at  all  cveuts,  will  nt-iiher  IciTen  the  extent 
of  our  power,  norfi;ortcn  tiu*  duration  of  it." 

Bifliop  (jf  St.  Asap  a's  Seimon,  p.  13. 


■;''4-{ 


Kt^X'  f-' 


m. 


Mi 


C   62   j 

of  ambition.  No.  Our  highcfl:  pride  and  glory 
has  been,  with  humble  unfufpcifting  duty  *  to 
labour  in  contributing  to  elevate  her  to  that  ex- 
alted flation,  (he  holds  among  the  nation^  of 
the  earth,  and  which,  we  ftill  ardently  defire 
and  pray,  fhe  may  hold,  with  frefli  acceffions 
of  fame  and  profpcrity,  till  time  (hall  be  no 
more. 


i 


These   being  our  fentiments,  and,  we  are 

fully  convinced,  the  fentiments  of  our  brethren 

throughout  the  colonies,  with  unfpeakable  af- 

i  flidion, 

vantages  fhe  aJUsally  recei'vts  ivith  fnfety  from  us,  becaufe  by 
the  adoption  of  Spanijh  maxims,  fhe  might  nuith  danger  tx- 
tort  more  ? 

It  is  the  duty  of  every  colonift  to  oppofe  fuch  maxims. 
They  threaten  ruin  to  our  mother  country  and  to  us.  We 
(hould  be  guilty  of  treafon  againft  our  fovcreign  and  the 
majefty  of  the  people  of  England,  if  we  did  not  oppofe 
them.  England  mull  be  favcd  in  America.  Hereafter,  (he 
will  rejoice  that  we  have  rejijted — and  thank  us  for  having 
affended  her.  Her  wifdom  will  in  a  fliort  time  difcover, 
the  artiiices  that  have  been  ufed  by  her  worll  enemies  to 
enflame  her  againft  her  dutitul  children  ;  that  Oic 
has  fupported  not  her  own  caufe  but  the  caufe  of  an  ad- 
miniftration  ;  and  will  clearly  dillinguifh,  which  will  mofl 
conduce  to  her  benefit,  fafety,  and  giory,  nvell  treated  and 
affeSlionaie  coUnies,  or  millions  of  Jlavei^  an  unnatural  encreafe 
of  her  Jianding  forces,  and  an  addition  to  the  infiuenct  of  tht 
cronun,  defying  all  calculation.       i* 

•  It  has  been  fuggefted,  "  that  fubje£ls  fometlmes  err, 
by  not  believing.that  princes  mean  as  well  as  the>  do" — But, 
theinftances  are  numerous  where  princes  and  their  courtiers 
err,  by  not  believing,  that  fubjcf\s  mean  as  well  as  they  do. 


1: 


C  63  ] 

flifllon,  wc  find  ourfelves  obliged  to  oppofc 
that  fyftem  of  dominion  over  us,  arifing  from 
counlcls  pernicious  both  to  our  parent  and  her 
children — to  drive,  if  it  be  poflible,  to  clofe 
the  breaches  made  in  our  former  concord — and 
flop  the  fources  of  future  animoficies. — And 
may  God  Almighty,  who  delights  in  the  titles 
ot  juft  and  merciful^  incline  the  hearts  of  all  par- 
ties to  that  equitable  and  benevolent  temper, 
which  is  neceflary,  folidly  to  ellablifh  peace  and 
harmony,  in  the  place  of  confufion  and  diflenfion. 

The  legiQativc  authority  claimed  by  parlia- 
ment over  thefe  colonies  confifls  of  two  heads— 
firft,  a  general  power  of  internal  legiQation  ;  and 
fecondly,  a  power  of  regulating  our  trade:  both, 
flie  contends  are  unlimited.  Under  the  firft, 
may  be  included  among  other  powers,  thofe  of 
forbiding  us  tof  worlhip  our  creator  in  the  man- 
ner we  think  mod  acceptable  to  him— impofmg 
taxes  on  us — colleding  them  by  their  own  offi- 
cers  enforcing  the  collection   by  admiralty 

courts  or  courts  martial — abolifliing  tryals  by 
jury^-eflabliQiing  a  Handing  army  J  among  us  in 

time     ' 


''^?'' 


w 


>!'  1!, 


f  See  Ca«tf</<  bill.  '        " 

t  The  army  under  the  command  of  general  Gacf,  in 
the  pravince  of  Majpuhujltts  Bay  alone,  amounts  to  feveral 
thoufand  men— kept  there  ivtthout  con/tnt  0/ their  ^JJ'tf^^b\,^ 
and  to  be  augmtntui  as  \\ie  general  (hall  think  proper. 

'  I  mud 


[    64    3 

lime  of  peace,    without  confcnt  of  our  aflcm- 

blies— 


I'    i 


ill' 


*  I  mud:  own  fir,  I  can  fee  but  one  rcufon   for  raifing 

*  at  this  prcTcnt  junilure,  t'lis  acldiaoual  number  of  troops, 

*  and   that  is  to  llrcngt'nen  the  hands  of  the  miniiler  againft 

*  the  next  tle£lions  by  giving  hini  the  power  of  (iiipoliisg  of 

*  ccmmijjion  to    the  fous,    brotliers,  nepheAS,  coufjns,    and 

*  friends   of  fuch  as  have    intere!l   in  boroughs   into   lozne 

*  of  which  perhaps,  troops    may   be  fent  to  procuic   the 

*  free  elefllon  of  their  members,  in  imi'.ation  of  the  Jate 

*  Czarina  lending  her  troops  into  Pvlund  to  Iccurc  the  free 

*  cleftion  of  a  king 

•  But  Hill  there  is  one  thing  more  fatal  'han  all  I  have 

*  yet  named  that  nujl  he  the  confequence  of  lo  great  a  body 

*  of  troops  being  kept  on  foot  in   England.,  and  ^miU  he  the 

*  Jinifrnng  Jlroke  to  all  our  liberties.     For  as  the  towns  in  Eng- 
'■  landvjxW  not  be  able  much  longer  to  contain  qua:  rers   tor 

*  them,  moft  of  thofe  who  keep   pyb'ic  houfcs  beip.g    ne«.r 

*  ruined  by  foldier's  billeted  on  them;  fo  oa  fntencesf  the 

*  neajjitj  tfit^  barracks  will  be  built  for  quarieiin::^  then;, 

*  which  will  be  as  fo  many  fortrcfles  with  strong   gar- 

*  RisoNS  IN  THEM,  cre^ed  in  all  p-Aits  ot  £/igla)rd,  which 

*  CAN'   TEND  TO  NOTHING,  but  by  dcgrccb  to  fubduc  and 

*  enflave  the  kingdom. 

*  Cut  if  ever  this  fclieme  fljould  be  attempted,  it  will  be 

*  incumbent  on  every  Engli/hman  to  endeavour  to  prevent  it 

*  by  all  methods,  and  as  it  would   be  the  laft  Jiand  that 

*  could  be  ever  made  for  our  liberties,  rather  than  fuffer  it 
'  to  be   put   in  execution,  it  would    be  our    duty   to 

*  DRAW     OUR    SWORDS,     AND    NEVER   PUT     THEM     UP,    till 

*  ciir  liberties  ivere  fuured,  and  the  authors  of  our  intend' 

*  ed  Jlwjery    ir ought     to     condign  punijhment. 1    hope    I 

*  Ihall  be  forgiven  if  during  the  debates  1  fliall  take  the  ]i- 

*  berty  of  fpeaking  again  ;  for  /  am  determined  tojight   inch 

*  by  inch,  every  propofition  that  tends,  as  I  think  this  does 

*  to  the  enflaving  my  country." 

Lord  Vifcount  Gage's  Speech  in    1730.     Pari.  Deb. 
book  nth,  p.  383.     See  Mc»///^.  on  (landing  armies. 


S 


C    65    J 

blies-'-paying  them  with  our  money — fcizing 

I  our 

A  miniftCT  declared  in  the  houfe  of  commons,  that  he 
Ihould  "  always  confider  it  as  a  part  of  the  conftitution 
that  the  military  (kould  aft  under  the  civil  authority."  But, 
by  order,  the  commande.  in  chief  of  the  forces  has  prece- 
dence of  a  governor,  in  the  province  under  his  government. 
By  his  majefty's  ordtrt  tranfmitled  in  a  letter  dated  the  9th 
of  February  \i6f^,  from  the  fecrctary  of  ftate  to  the  com- 
mander in  chief,  it  is  declared,  •*  that  the  orders  of  the 
commander  in  chief,  and  under  him,  of  the  brigadiers- 
general,  commanding  in  the  northern  and  fouthern  depart- 
ments, in  all  military  affairs,  Jhall  be  supreme,  and  muft 
be  obeyed  by  the  troops,  as  fuch,  in  all  the  ci'vil  govern' 
ments  in  America.  That  in  cafes,  (where  no  fpecifick  orders 
have  been  given  by  the  commander  in  chief,  or  by  the 
brigadier-genera)  commanding  in  the  diilrift,  the  civil  go- 
vernor in  council,  and  where  no  council  there  fubfiils,  the 
civil  governor,  may^  for  the  benefit  of  hit  government^  give 
orders  for  the  marching  of  troops,  the  difpofiiion  of  them, 
for  making  and  marching  detachments,  efcorts,  and  fuch 
purely  military  fervices  within  his  government,  to  the,  com- 
manding officer  of  the  troops,  lubo  is  to  give  proper  order  Jor 
carrying  the  fame  into  execution :  Provided  they  are  not  ^  ««- 
itaditfory  to,  or  incompatible  luithy  any  order  he  may  have 
feceived  from  the  commander  in  chief,  or  th«  brigadier- 
general  of  the  district."  '        . 

In  May  1769  the  houfe  of  reprefentatives  for  Mnffachufets- 
Bay,  requefted  governor  Bernard  "  to  give  the  necelTar/ 
and  effedlual  orders  for  the  removal  of  iht  forces  by  fea  and 
land  oat  of  the  pott  oi  Bojlon,  and  from  t\\t  gate  of  the  city, 

DURING  THE  SESSION  OF  THE  SAID  ASSE      BI.Y  j"    tO    which 

he  anfwered— •*  Gentlemen,  1  have  no  authority  over 
his  majefty's />////« /^"/'O''' or  his  troops  ivithin  this  toun, 
nor  can  J  give  any  orders  for  their  removal. 

May  31,   1769,  Fra.  Bernard.'* 

Thus, 


I 


11: 


i 


;»t1 

■  '-1  li , 
■■■■■}  ■' 


,«m»ir.w»r 


S    ^'■ 


C    66    ] 


our  young  men  §  for  recruits  --changing  confli- 
tutions  of  government-f- — (topping  the  prci's-— 


.;.HU' 


declaring 


Thus,  our  governors,  the  captains- general  and  com- 
manders  in  chief,  reprefenting  the  fovereign,  and  known 
to  the  conllitution  of  thefe  colonies,  are  deprived  of  their 
legal  authority,  in  time  oy  peace,  iy  an  order — and  a 
perpetual  MSiatorial poiuer  eftabliQied  over  as.  To  accom- 
plifh  this  great  pur^ofe,  it  was  thought  proper  during  the 
lall  war,  to  change  the  mode  of  granting  military  commif- 
Honsi  and  to  pafs  that  to  the  general  in  America  under  the 
great  /eal.  It  is  not  known,  whether  this  uncommon  for- 
jnality  has  been  obfcrved  with  regard  to  the  major-generals 
ff  the  refpeSi've  *■'■  districts." 

§  The  Germans  \i2L)it  been  juflly  celebrated  in   different 
ages,  for  fagacity  in   promoting  the  arts,  and   for   martial 
spirit ;  yet   how  unhappy  have  they  been  made  in  a   Ihort 
period  of  time,  by  that  fingle  engine  of  arbitrary  power, 
a  Jianding   army.     Their  diftrefs  was  wrought    up   to  fuch 
a  degree,   that   thoufands,  and   tens  of  thoufands,     relin- 
quifhed  their  native  country,  and  fled  to  the  wildernefles  of 
Jimetica.     It  was  a  way  of  thinking  and  afting  that  became 
them.     For  Germans  may  truly  be  called  the  Fathers  of  Eng- 
lijhmen.     From  \  Germany  came  their  anceflors  and  the  firft 
principles  of  the  conllitution.     Germans  therefore  feem  to 
be  more  juftly  entitled  than  other  foreigners  to  the  bleflings 
of  that  conHitution.     To  enjoy  them,  in  this  free  country 
as  it  then  was,  they  came  here,  but  now  unfortunately  find, 
arbitrary   Gonjernment   and    ajianding    army  purfuing    theia 
even   into  thefe  woods.     Numbers  of  them  now    in   thefe 
provinces,  have  ferved  in  the  armies  of  the  feveral   princes 
in   Germany  and  know  well,  that  one  reafon  with  their  ru- 
lers, for   putting  fwords   into  their  hands    was  to  cut   the 
throats  of  their  own  fathers,  brothers  and   relations  who 

fhould  attempt  to  relieve  themfelves  from  any  part  of  their 

mifcries. 
t  Bill  for  changing  th«  coallitutlng  of  Mafachu/ets-Bay^ 
I  I  BUckil.  p.  X47. 


r  67  ] . 

declaring  any  a£lion,  even   a   meeting  of  tch 
fiii.iUelt  number  to  confider  ot  peaceable  modes 
to  obtain  redrcfs  of  grievances*  high  trcafon— 
taking  colonills  to  Great  Britain  to  be  tried  |1—  • 
exempting    "  murderers"-}-  of  colonifts    from 
punifhment,  by   carrying  them  to  England^    to 
anfwcr  indidlments    found    in    the   colonies— 
§  (hutting  up  our  ports  —prohibiting  us  from 
flitting  J  iron  to  build   our  houfes,— -making  ^* 
hats  to  cover  our  heads,  or  clothing  to  cover  \, 
the  reft  of  our  bodies,  &c.  f  4.  .  ••  ^ 

,         .        In 


mifeijes.  Their  former  foverelgns  are  now  compleating,  it 
is  faid,  the  cruel  tragedy  of  tyranny.  They  will  not  fufter 
thofe  they  have  made  wretched,  to  fcek  for  a  more  tolerable 
exillence  in  fome  other  part  of  the  globe.  It  is  their  du- 
ty, fay  thcfe  unfeeling  princes,  "  to  be  unhappy,  and  to 
renounce  all  hopes  of  reiierV*  They  are  prohibited  from 
leaving  iheir  country.  Thofe  who  have  already  efcaped  in- 
to thefe  colonies,  reinember  what  they  and  their  parents 
fufFered  in  Germany.  The  old  tell  the  ftories  of  their  op- 
preffions  to  the  younger;  and  however  improbable  it  may  ap- 
p^'.ar  on  the  other  !ide  of  the  Jtlantic,  it  is  aflerted  by  per- 
fons  well  acquainted  with  this  people,  that  they  have  'very 
/;///(?  inclination  to  suffer  the  same  ckuelties  agaiiy 
in  America. 

•  General  Gtf^A  proclamation,  dated   June  21,   1774. 
II   Refolves  in  the  houfe   of  lords  on   35th  Hen.  8.  ch.  2d. 

f  Bill  for  the  adniiniftraiion  of  juftice,    &c. 
§  Bojlon  afl.    X  23d  Geo.  2  ch.  29.     ff  5th  Geo.  2  ch.  22 

4-t  \f  (ireaf  Brit'iin  has  a  conftitutional  power  to  prohibit 
U9  from  flitting  iron  as  pe  has  done,  flie  has  a  conftitutional 
power,  tliat  is,  a  rights  to  prohibit  us  from  raifing  grain 
for  our  food;  for  the  principle  that  fupports  one  law,  will    '" 

fapport 


m 


If. 


'  In  our  provincial  legiQatures,  the  beft  judges 
in  all  cafts  whatfuits  us--.fountit'd  on  the  immut- 
able and  unalienable  rights  of  human  nature,  the 
principles  of  the  ccnlHtution,  and  charters  and 
grants  made  by  the  crown  at  periods,  when  the 

power 

lupport  the  other.  What  a  vart  demand  muft  be  made  oa 
^er  for  this  article,  and  how  firmly  would  her  dominion  be 
eaubl  ihed,  if  wc  defended  whoily  on  her  for  our  daily 
bread  ?  Hei-  modern  writers-  confider  coloniils  as  flaves  of 
Crc.it  Britain  iliut  u^  in  a  a-ge  workhoufc,  conllantly  kept 
at  labour,  in  procuiir.g  fuch  jnateriids  as  ihe  prciciibcs,  and 
weanng  fuch  cloaihes  as  fne  fends. —  Should  Oic  ever  adopt 
the  meafiire  abnvemer.tioned,  and  on  our  coniplaints  of 
grievances,    withhold    food  from     us— what    thfp  '    why 

then,    on  her  principle it    would    be  ri^ht .o   be 

STitRVHD  To  fay  in  fuch  (a/e  we  flionld  have  any  other 
ri^ht,  would  be  a  '*  traiterous  and  rebellious  denial  of  the 
fupreme  legillatare  of  Qrtat  B^itain^*  for  Ihe  *•  has  power 
cf  right  to  bind  us  by  Ilatutes  in  all  cases  whatso- 
ever. ." 

Let  not  any  perfon  objcft  that  the  Aippofition  of  fuch 
a  ca(e  is  the  fuggellion  of  fancy.  The  Carthaginians,  thofe 
mailers  in  the  fublinie  politics  of  commerce — politics  that 
have  projuced  lb  many  dieadful  fccnes  u^on  earth,  fojbad 
the  Sardinians  to  raife  corn,  in  order  to  keep  them  in  due 
fubjec\ion.  The  Eall  Indies y  St.  Fincentt,  the  proceedings  at 
Rhode  JJJand,  and  the  Bojion  adl,  &rc.  give  rife  to  many  alarm- 
ing appiehcnfions  in  America.  There  are  few  men  on  this 
continent  would  be  ai  much  furprized  at  tl'at  meafure,  as  at 
fome  late  meaiures.  The  beginnii)g  julli/ies  any  apprchen- 
fions.  Puwer  debauches  the  affedions.  The  improbabili- 
ty of  ca'es  happening,  is  no  anfwer  in  fuch  important  con- 
lidcrations.  The  laudable  fpirit  of  commerce  may  be  in- 
flamed into  rapacity  and  cruelty  in  a  nation  as  well  as  in  an 
individual.      We    muft    regard  the   power    claimed    by 

Great 


It* 

id 


power  of  making  them  was  iiniverfally  acknow- 
ledged by  the  parent  (late,  a  powtr  fincc  fre- 
quently recognized  by  herj-'-fubjed  to  the  con- 
troul  of  the  crown  as  by  law  cftablilhed,  is 
veiled   the  exclufrjc  right  of  inlernal  k^i  aiion. 

Such 


m 
Ibc 

'y 
lor 

I 


C)$at  Briiain,  not  folely  her  will  or  contingencies  de- 
pending on  that  WILL.  If  Ihtr  affixes  no  liiniis  to  her 
poTVir  why  Ihould  we  alHx  any  to  iti  rJ^cJIjF  *'  1  know  (lays 
Mr.  HnaMyj  it  is  next  to  impofiible,  ihat  any  fuch  cafe 
ihould  happen:  But  it  Tuch  thint^b  be  fuiJ,  and  fuch  cafes, 
/;;  effci'l,  be  put,  it  is  ncceflkry  to  fpeak,  upon  the  fuj [ofnion 
of  jucb  cajes. — And  mc  thinks  it  is  but  a  narrow  fpirftcJ 
proceeding  in  us  to  go  jull  no  farther  in  our  notions^  tha:i 
a  compliance  with  eur  oxvn  prefint  iomluion  I'orceth  us\  to  ex- 
clude fioiu  our  regard  the  condition  ot  all  othtr  n  tions,  nnd 
all  cajh^  but  jail  that,  whicli  hath  happened  lail  of  all  i;i 
our  own." 

That  the  plan  of  governing  us  by  withholding  w^c^^nW^ 
life  has  been  confidercd,  and  in  what  li^jiit  wlonies  are  viewed 
at  home,  the  following  extrads  will  partly  fliew." 
•  **  It  a[>pearb  that  the  original  and  gr:ind  evil  attendinrj 
them  was  the  fcttiement  oi  Jo  conjiderable  a  part  \\\  a  cli- 
mate incapable  of  yielding  the  commoditiis  wanting  ia 
Britain. 

*'  Thefc  northern  colonies,  long  after  their  difuj>vanta' 
geous  natur*.'  uas  known,  were  continually  increafed  b/ 
fiefii  rnlgrativins  from  Etiro/e;  which,  as  I  before  obfervc.l, 
ought  totally  to  I'ave  been  prevented,  and  fuch  migraiicns 
have  been  encouraged  onlv  to  the  beneticiai  colonies. 

«'  Since  the  late  war,  Britain  laid  the  tra«.le  of  th.e  colo- 
nics under  fome  very  ftridl  regulations,  which  certainly  cut 
off  many  inlets  by  which  they  formerly  received  much  Spa- 
nijh  and  Portuguefe  coin.  The  principle  upon  which  fuch 
regulations  vv^ie  formed,  of  fecuring  to  the  moiher  coun- 
try alone  all  matters  of  ccmmaCe^  1  have  already  attempt- 
ed to  prove/'/,'/  and  necejfary.  ,,,  "  When 


u 


m 


iki 


m 


1 

i 

Such  a  right  vcftcd  in  parliament,  would 
place  us  cxadly  in  the  fame  fuuatian,  the  peo- 
ple 

"  When  once  their  rupernumt-rarlrs  are  b(  come  manu- 
fa£lurers,  it  will  require  more  than  BritiJ^j  policy  to  con- 
vert them  into  planters. 

•'  I  muft  think  this  point  of  foch  great  importance,  as 
to  extend  probably  to  the  annihilation  of  manufaciur.s  ii) 
our  colonics  — To  conclude,  it  is.  in  the  prcjpolcd  fettlc- 
ment  on  the  Ohio  we  muft  firji  look  for  hemp  and  flax  ;  as 
fuch  great  numbers  of  the  old  Ameritan  tarnicrs  ha\e  re- 
moved and  fettled  thcic,  which  may,  in  iholc  feiiile  ivztXs, 
be  cultivated  in  fuch  abundance,  as  to  enable  us  to  underfell 
all'thc  world,  as  well  as  fupply  our  own  conlumption.  It 
is  on  thofe  high,  dry,  and  healthy  lands,  that  vineyards 
will  be  cultivated  to  the  bell  advantage,  as  many  of  thjfe 
hills  contain  quarries  of  ftone,  f  and  not  in  the  unhealthy 
fea-co(ls  of  o\xr prcfent  colonies.  To  thefe  we  (hould  bring 
the  fettlers  from  Euro/e,  or  at  leall  fuffer  none  to  go  tiorift 
of  Nenjo-Tork  ;  b^  which  means  our  numbers  would  in- 
creafe  in  thofe  p4rts,  where  it  is  our  intercll  they  Ihould 
increafe  ;  and  the  report  of  the  fettlers  from  the  new  colo- 
ify  on  the  Ohio  would  be  a  conllant  drain  of  people  from 
our  a«/ro//tf^/^  northern  ones,  by  whi^h  means  they  would, 
in  future  times,  as  well  as  the  prcfc/it,  be  prevented  from 
extending  their  manufadlures. 

**  What  1  (hall  therefore  venture  to  propofe  is,  that  the 
government,  through  the  means  of  afeiu  merchants  acquaint- 
ed with  the  American  trade,  that  can  be  tolerably  de- 
pended upon,  fliould  eftablifli/zii^orjat  Bofton,  V hiladelphia, 
Nfw  Torkt  and  a  few  other  ports,  for  the  fale  of  fuch  car- 
goes of  Britfjh  manufactures  as  fhould  be  conligned  to  them  ; 
and  to  confift  of  fuch  particularly  as  were  moll  manufaiflured 
in  the  province,  with  diredions  immediately  and  continual- 
ly to  under/ell  al!  fuch  colony  manufadures.  By  this  means 
the  opQration  of  the  fucceeding  meafures,  from  the  num- 
ber 


•>jU 


•M     . 


L    71    1 

pie  of  Greet  Britain  would    have  been  reJurcd 
to,  had  Jiimcs  ihc  full  and  his  tamily  lucwcedcd 

in 


if? 


ber  of  hands  rendered  idle,  would  be  fo  much  the  caficr  to 
be  executed. 

«*  The  fliips  which  carru'd  out  Aich  cargoes  (hould  be 
large  bulky  ones,  of  eight,  nine  hundred,  and  one  thuu< 
{and  tons  burden,  for  the  fake  of  bringing  large  quantities 
of  deals,  &c.  hack,  at  a  lifs  propo  tionute  t^xpence;  and, 
previous  to  their  arrival  in  America^  cargoes  of  theft  (hould 
be  ready  for  them.  Trie  col')i)ills  fhuuld  be  enj^aged  to 
work  their  irou  mines,  and  gt  t  the  produd  ready  in  bars, 
&c.  and  va(l  quantities  of  deals  and  fquared  timber  icudy 
for  loading  the  (hips  :  All  which,  on  the  ceiiaia  and  imme- 
diate profpcd  of  a  fulc  would  eafily  be  effcdcd  ;  as  it  is 
well  known  they  have  more  than  once  proved  to  the  legifla* 
ture,  that  they  could  iupply  ^1  Europe  with  thefe  articles, 
had  they  but  the  demand, 

**  But  I  laid  it  down  as  a  rule  to  proceed  upon,  that 
trade,  fJJting,  and  manufaSuring,  were  put  an  entire  (lop 
to  among  the  colonies. 

•*  If  the  fugar  illands  contained  ten  millions  of  people, 
AS  DEsTiTUTii  OP  NECESSARIES  as  they  are  at  prefcnt, 
J? r/ra;/t  would  be  as  sure  of  their  allegiance  as  Oie  is  at 
prefent  -provided  no  power  more  formidable  than  hcrfelf 
at  fea  arofe  for  their  protedion. 

*•  The  firll  dependancs  oX  our  colonies,  as  well  as  all 
their  people,  is,  to  change  the  terms  a  little,  upon  corn 
worked  into  bread  and  iron  wrought  into  implements  ;  or, 
in  other  words,  it  is  upon  necejjary  agriculture  and  necfjjury  ' 
manufadures ;  for  a  people  who  do  not  pofl'cfs  thefe,  to 
think  of  throwing  oft"  the  yoke  of  another  <who  fupplUs 
them  nuith  them,  is  an  abfurd  idea.  This  is  precifely  the 
cafe  with  our  fugar  idands.  Let  us  fuppofe  the  continental 
colonies  to  be  as  happy  in  the  necejjury  agriculture  as  they 
really  are,  but  to  be  abfolutely  without  manufactures,  could 
the/  throw  off  theii  allegiance  \q  Sritain  be  their  numbers 

wliat 


IfTTT' 


•■    1 


r  > 


C    72    J 

in  their  fcheme  of  arbitrary  power.  Changing 
the  word  Siuart:  for  parliament^  and  Britons  lor 

what  they  would  ?  No,  certainly;  Tor  that  is  nothing  mere 
than  fuppc^fsng  they  fliould  tlirovv  oft'  tlelr  allegiance  to 
Jjoas  and  fpades,  and  coats  and  y^-o^^,  which  is  abfuiu  io 
imagine  :  can  any  one  imagine  thai  a  rebellion  can  be  car- 
ried on  among  a  people,  when  the  greatert  fuccefs  mud  be 
attended  with  Ome  lofj  of  ha!f  the  nece^aries  of  life  ! 

'*  The  following,  among  other  efFcfts  relative  to  this 
point,  would  be  the  confcquence  of  the  plan  fkctched  out 
in  the  preceding  fedliion. 

'•  The  people  would  depend  on  Britain  for  thofc  neaf- 
Juries  of  life  which  refu't  from  manufadures. 

•*  The  cultivation  oi'  Jlapla  would  be  more  profitable  to 
them  than  any  other  employment  whatever. 

**  The/fl/r  of  thofe  ilaples  would  depend  on  Britain, 

**  The  people  would  ail  h& fread  over  an  immenfe 
country  as  [)lariters  ; — none  of  them  collrflj-d  in  towns.  * 

"  To  which  ciicumftances  I  fhall  add,  in  refpeil  to  Bri- 
t?ii/t*s  fuiditr  policy, 

•'  TIi;U  (he  fhould  abide  by  the  boundaries  fixed  already 
totheolf'l  colonie-;,  that  of  the  rivers  heads;  and  ail  far- 
ther fetdiug  to  be  in  kciv  cclonies,  wherever  they  were  traced. 

**  That  fhe  fhould  keep  the  inland  navigation  of  the 
contijient,  that  is,  of  all  the  great  lakes  and  navigable  fi- 
ver, to  l.cifclf,  and  not  fuifer  any  fets  of  men  to  navigate 

uien>. 


■  I 


•  "  Tills  point,  which  is  of  infinite  importance,  woiild  prt'.ty 
fully  be  occafiiontd  by  other  parts  oi  the  plan,  iiut,  to  cnfuic  fo 
great  a  point,  no  new  towns  (L.  iild  lie  fuiTtrcd,  nor  cvf n  villages  ; 
ihati  \v!nch  nothing  could  l)e  eafur  to  manage  :  nor  would  they  be 
any  where  ncccd'ary  but  by  the  inaga/incs  ot  naval  (loics  for  load- 
ing fiiius.  All  pollible  decrcafe  ot  numbers  in  ihe  cities  already 
in  being,  flioutd  be  ciretStcd.  So  fyflcmaticaMy  abfurd  is  it  "to 
iound  towns  nnd  cities,  as  Britu'ui  has  iiithtno  couftAUtly  dofle,  in 
all  lUe  iiolonie.'-  ilic  has  fo;mcd.!' 


to 


•rn,  ■  -.« •'»y».'.  n'j7^>T 


C     73     ] 

Jmericani,  the  arguments  of  the  illuflrious  pa- 

K  triots 

them,  and  thereby  communicate  fiOm  one  part  of  the  con- 
tinent to  another. 

•*  That  Ihe  fliould  never  fuffer  zny  provincial  troops  ot 
viilitia  to  be  railed,  but  referve  entirely  to  herfelf  the  de- 
fence of  the  frontiers.  * 

**  That  fhe  fhould  thro»v  whatever  obftacles  fhe  could, 
upon  all  plans  of  commiini<.aticn  from  colony  to  colony,  or 
conveniences  of  fpeedy  removals  from  place  to  place. 

*'  That  in  proportion  as  any  colony  di:'c1ined  in  ftaples 
and  threatened  not  to  be  able  to  produce  a  fufficiency  of 
them,  the  inhabitants  Ihould  receive  fuch  encouragement 
to  leave  it,  as  more  than  tc  draio  its  natural  increafe,  un- 
Icfs  new  ftaples  were  dilcovered  for  it. 

**  This  is  non»  the  cafe  with  thofe  I  have  diftinguifhed 
by  the  title  of  the  northern  colonies  ;  inio:n  ich  that  Nova^ 
Scotia^  Canaduy  Ni'VJ-England,  Ne^v  York,  Ne-iv-Jer/ty,  and 
Pewifylvania,  would  be  nearly  of  as  much  benefit  to  this 
country  buried  in  the  ocean  as  they  are  at  preient.'* 

Political  EJfays^ 

The  conduft  of  adminiftration  correfponds  exadlv  with 
the  fentiments  of  this  modern  writer,  and  with  the  mcafurea 
purfued  by  Philip  the  fecond  oi  Spain  againft  the  tow  Cmn- 
tries.  The  reafons  given  by  one  in  adminillration  for  at- 
tacking the  colonies,  feem  to  be  copi  "d  (with  Tome  fmall  al- 
terations on  account  of  rtligion)  from  the  famous  advice 
of  the  unfeeling  duke  oi  Alva,  that**  fpecie  retinendae  dig- 
nitatis," ccft  his  mailer,  his  glory,  his  happinefs,  and  his 
provirices  — and  funk  his  countiy  into  diiheflcs,  fiom  which 
ihc  is  not  yet  recovered.  '*  At  vero  dux  Albanus  arma  & 
t;LTioNEM,contendebat,  ««/V«/fl  Isefx  auctoritati  principis  iC- 
medium.  Quippe  ceteris  artibus  ac  diuturna  facilitate  nihil 
aliud  efFedum,  quam    uC  regi  obedieuiia,  rebellibus  timor 

adimeretur 

"  Specie  tuendi  finlum,  jugum  Uberis  provin'-Ms  mcdltatur.", 

Str*.  >a,  lib.  ». 


IIP' 

m 


;    f 


.T 


C  74  ]  .,      „.      ,     ;,  ,, 

triots   of  thofe   times,  to  whofe   virtues    their 

dcfcendants 

adimcretur.     Poflulafl*e^r/';f//^/(7  Belgas,  ut  Hifpanus  c  pro- 
vincia  miles  exceJeret :  id  rdlicct   unum   declTe  conllantes 
jid   quiptem  populorum.    Num  propteri.a,  impetraia  externo' 
rum  ;/i/^;W  quieviflc  ?  ^n  potiui  "v  confideiuius  efflngitafTe, 
ut— clrtvo  detarbaretur  GRAN  VELLANUS.  At  unius  forte 
naufragio  complacatoi  fuifle  ver.tos. — Quin  immout  u'rgntia 
crefcit  faciliiis — homines  a  nollra  facilitate  fecuri — UhelUsiit' 
rUiculis^  Jfagig/'ofs  con/piratiof^iSus—improh'is  palam  carmini- 
bus — minis — precibus   armatis — extorfercnt  quod  averent— 
o\i?iin3i\.i^inverecuncie  legationibusHifpaniam  fatigarent— ' 
Hicquoque  vifumclementiae  piincipis  aliquaindignapofcenlc- 
bus  indulgerc.     Enim  vero  quid  ex  ilia  indul^eiaia  relatum, 
nift   ut  vororum   ubique  compotes,  non  parcndo ;  fubditct 
fefe  oblivifcerentur,     obfcqium   dedifccrent,    atque    exuta 
principis  reverentia,  communicata  provinciarom  defeflione, 
tanqjam  cuipa  ibcieiate  tutiorcs,  humana  omnia  contredla- 
tac  femel  libertati  poft  haberen!:.  Nunc  veto  non  uniut  civita' 
iisy  fed /rcy/fltit^rB.v/ a7»/^/?/a  peccatum  efTe  in  regem.     Nee 
quia  rebelles  in  prefcntia  ccnquiefcant,  minus  ferociae  ani- 
mis  incfle>  refumpturos  utique  vires,  ubi  tnetum   uhients  ab- 
jecerint.     Sic  ;7/«  pronus  ad  asperio'ia,  difleiebat." 

Strada  de  bello  Btlgico,  lib.  6. 
It  is  evident,  that  the  Britijh   jninifters  have  diligently 
ftudied  Straiia  and  the  other  authors  who  have  tranfmitted  to 
pofterity  the  pleafing  and  inilrudive  annals  o.  Philippic  po- ' 
licy,  as  every  mcafure  ihey  have  taken,  is  founded  on  a  pre- 
cedent f<;t  by  that  celebrated  fchool  of  hum.anity. 

diva  is  the  favorite  ma(kr-on  his  conduft  they  keep 
their  eyes  ftcadily  and  reverently  fixed,  and  It  may  truly  be 
faid — they  follow  him  with  no  unequal  ficps.  Great,  gcod, 
and  wiVe  men  !  whom  fome  future  Pujfenclorf  or  Tsmph  will 
duely  celebrate. 

**  In  i5<54,  Granville  was  removed  from  the  council, 
to  appeafe  the  people.  Their  joy  was  fhorf;  lived  j  for  as 
the  yiiwr  meafur!;s  were  purfued;  it  foon  began  to  be  faid 

publicly 


[    75    3 


to 

10- 


ill 

as 

id 


defcendants  owe  every  bkffing  they  now  enjoy, 

K  2  ^pp^y 

^ublickly,  that  though  his  bodv  was  removed  from,  his /pi- 
rit  flill  iiitluenced  the  council,  Uj.)on  application  for  a  re- 
laxation of  the  edicts,  it  was  fald,  that  modtration  had  tnly 
made  matters  ixjor/e,  and  the  obrervation  of  thtm  was  again 
•njoined  upon  more  fevere  penaltits  than  befoic. 

*'  At  length  an  association  was  entered  into,  for  mu- 
tually defending  each  other. This  being  figned  by  above  40^ 
perfons  of  quality,  who  all  proieitcd,  that  they  raeant  no- 
thing but  til'*  honor  of  God,  the  glory  ol  the  king,  and  the 
good  ol  their  coun'ry,  they  met  ajid  PirrriONEi*,  that  the 
praclamatian  might  be  revoktd:  but  the  king  would  confcnt  to 
no  mitigation.  Good  advice  was  given  to  him.  But  the 
duke  /)V/v«'j  violent  counfel,  who  proposed  the  en- 
tire    ABOLlSHMttNT    OF    TH2    LIBERTIES    OP    THE    PIO- 

viNCKS*  wai  moll  pleafing  and  followed.  The  crt^el  cuke 
was  fent  into  the  ioow  Countries  with  a  powerful  army.  The 
counts  D^E^mont  and  Horn,  were  immediately  feizedv  on  a 
pretence  that  they  had  underhand,  fpirited  up  the  people's 
difci^'eiiioH.  They  were  afterwards  executed.  All  who  -Had 
figned  the  association  or  petition  were  declared  guilty 
of  \  HIGH  TREASON,  and  anivverable  for  what  had  happened. 
A  council  called  from  its  cruel  proceedings,  f  THE 
COUNCIL  OK  BLOOD,  was  ereded  for  trying  the  ac- 
cufed,  from  nvhich  there  nuas  no  appeal,  (Note  well)  41'wa 
himlclf  tried  the  accufvd  in  their  own  country^  where  their 
friendi  and  nxitnejjes  might  attend  them, — where  the  paini 
of  death  itfelf  might  be  mitigated,  by  feeing  with  their  dy- 
ing eyes,  that  they  expired  beloved  and  lamented.  Here, 
the  difciples  exceed  their  tutor.  This  is  too  great  a  confo- 
lation  to  be  indulged  to  a  colorift.  He  mud  be  carried 
3000  miles  acrufs  the  ocean  -  that  he  may  not  only  dye, 
but  be  infuUed  in  nis  laft  momenti,  with  the  mockery  of  a 
trial  where  the  clearelUnnocence  Hands  no  chance  of  acquit- 
tal, 

*  "  Lay  tkem  at  my  feet."      \  Sec  Gen.  Gd^r't  procla. 

f  Refolutions  in  pirliimcnt  for  trying  coloniftt  iu  EnjrlgntU 
Rhode- JJiand  Court.     Late  A«i\tfoi  Ma([achuf$tti-Bay. 


mm  m 


i:t 


ri 


ril 


i    ''", 


apply  with  inexpreffible  force  and  appofitcncfs, 

in 

tal,  and  with  the  formality  of  a  fentenre  founded  on  a  (latute 
paft  before  the  colonies  cxiflcd.(  'r  the  approach  of  the  army, 
the  piiticc  oi  Orange  and  other  lords  fled;  and  being  fum- 
moneJ  to  appeal  before  the  council,  in  default  thereof  were 
condemnv'd,  and  their  eftates  confifcatrd.  ^/i/<i  treated  all, 
'he  innocent  and  ^«///v  with  fuch  rigor,  that  it  gave  rife  to  the 
following  facing  of  a  Spaniih  officer — **  Haeretici  fraxcrunt 
.  templa;  btni  nihil  faxerunt  contra:  ergo  omnes  debent  pa- 
iibuluri  *' 

PufenJaf/'s    Jntrodudion — Art.    *'  Spaia"  and    "  the 

United  Provinces." 
Sir  WiUmmTempU\  account  of  the  diilurbances  in  the 
Zoio  Cohutriis  agrees  exadly  with  the  foregoing  extrafted 
out  ol PuJfendorJ  by  which  it  will  appear  wi,.^  what  a  fur- 
prizing;  exadnefs  of  refemblance  the  affairs  of  the  colonics 
have  bten  carried  on  by   adminlHration, 

"   Jrhe  war  with  France  btii)g  concluded,  it  was  rcfolved 
to  ke#p  up  the  truops  in  theie  provinces,  and  that  the  dates 
flioi^ld  fupport  them,  which  by  a  long    courfe  of  war  was 
giftwn  cullomary."     When  Philip  would  have  put  Spanijh 
Mrrifjns   into  fome  of  their    tovvus  j  and  for  tlie  fiike  of 
their   admitting  them    quietly,  gave  the  command  to   the 
Prince   of    Orange    and    Count    Egmont  :      they    told    him 
plainly,  "    Thai  all  the  brave  llanos  tney  had  made  againft 
the  power  of  France^  availed  them  but   little,  if  they  mull 
at    lad    be    enllaved     by    another    foreign    power.     Puf. 
*'  The  Matjed  of  the  people,    the  infolence  of  the  troops, 
with    the   charge  of  their   fupport,     made   them    looked 
upon    bv    the  inhabitants   in    general,  as    the  injirumtnts  of 
their  opprejjion    and  Jlaverv,    and  not  of  their   defence,  nvhen 
a  general  peace  haa  hft  I  hem  ne   enemies :  And    therefore  the 
ftates  bega  I  here  their  complaints,  with  a  general  confcnt 
and  paflion  of  all  the  nobles,  as  well  as  towns  and  country. 
And  upon  the  delays  that  were  contrived  or  fell  in,  the  ftates 
firft  rcfufed  to  raife  any  more  monies  either  for  the  Spaniards 
pay,  or  their  own  ftanding  troops ,  and  the  i^eople  ran  into 

fo 


77 


J 


in  maintainance  of  our  caulc,  and  In  refutation 

of 

fb  great  {fr/pair,  that  in  Zealand  they  abfolutely  pave  over 
the  working  at  their  dikes,  suffering  the  sea  to  gain 
IVERV  TIDE  UPON  THE  COUNTRY,  and  ref(j]ving,  as  they 
faid,  rather  to  be  devoured  by  that  element,  than  by  the 
Spnnijh  Ibldiers  ;  fo  that  at  lall  the  king  confented  to  their 
removal.  Another  grievance  was  the  appointment  of  ^exu 
judges,  *  and  thofe  abfouitely  depending  on  tlie  king,  S:c." 
♦•Granville,  lliamed  up  to  the  liij;hell  hii  mailer's  au- 
thority and  the  execution  of  his  commands,  while  the'  pro- 
vinces were  refolute  to  prote61  the  liberties  of  their  coun- 
try, againll  the  adniilTion  of  this    new    and    arbitrary 

JUDICATURE,    UNKNOWN     TO    Al  L     ANTiENT     LAWS     Ai-'O 

CUSTOMS  OF  THEIR  co'jNTRY.  The  king  at  lail  confePiied 
to  Granville's  recefs.  Then  all  noife  of  <i'yco«/<'«/  and 
tumult  was  appeuJeiL  But  quickly  after  the  Jame  ccurfels 
were  refumed.  The  d^fturbances  then  grew  greater  than  he- 
fore.  But  by  the  prudence  and  modeiation  of  the  duichcfs 
of  Farma,  the  governef',  the  whole  eftate  of  the  province* 
was  reftorcd  to  its  former  peace.  This  durchsfs,  and  the 
duke  of  Firia,  one  of  the  chief  minillers  in  Spain,  thought 
and  advifed,  that  the  then  present  peace  of  the  pro- 
vinces OUGHT   not  to  be  invaded    3Y    NEW  OCCASIONS, 

nor  the  royal  ajtliority  leirenctl,  by  the  icing  being  made  a 
a  parcv  m  a  *i  j^on  his  fubj'ils.  But  the  king-  was  im- 
in«-vcable  ;  he  :hed  Jl^va   into  the  Low  Countr)-  at 

the  head  ««       i  nd  veteran  Spanijh  and  Itcdtan  troops, 

uinier  tlw-  ijoawBaiU  of  the  i>ejl  tfjlcers,  which  the  wars  of 
ChaAa ymt  ^xSx^  or  PL'uf:  the  fecond  h  d  bred  up  in  Eu- 
rope ;  •k'-'h,  with  t-w6  tbjujand  more  in  the  provinces,  un- 
der tWcoflMund  of  to  old  «nd  renowned  a  general  as  the 
duke  of  Mnja,  mad«  up  -a  iorcc,  which  nothing  in  the  lonjo 
CommbmK  could  look   in  t;e  face  with  other  eyes,  than  of 

aflonilhment, 


i'raltv   courts.      FhotU-Tfl.viil  court,  for  enfoicino;  the  fta- 

tute  ot  35  Hen.  8.  Act  for  rtguUting  the  !>ovtrnm<;(ii  of  M^fi«- 
feiti'Sat.  AA  tor  admir.illraticu  of  jufticf.  &c. 


hf ' 


•will.    LI».l\Jf^,"l*J"Jii- 


C   78   3 

of  the  pretenfions  fet  up  by  their  too  forgetful 

*  poilt-ricy, 

aftonilhmcnt,  rubmilHon  or  defpair.  This  power  was  for 
the  a[lijlan(e  of  the  gcvernejsy  the  execution  cj  the  lazvs,  the 
fupprtjjing  and  pumjhing  ali  wlio  had  been  authors  or  foment' 
en  oi'  the  late  dtjiurbances.  §  On  his  ariival  the  governefi 
having  obtained  leave  of  the  king,  retired  out  of  the  pro- 
vince. The  duke  of  Alva  was  inverted  in  the  government, 
ixjithpoinjers  nevtr  before  giien  to  any  governor.  A  council, 
called  THE  COUNCIL  OF  BLOOD,  ||  w as  erefled  for  the 
trial  of  ail  crimes  committed  againfl  the  kirtg'i  authority. 
The  towns  llomached  the  breach  ok  their  chartbi^j, 
the  people  of  their  liberties,  the  knights  of  the  golden 
fleece  the  charters  of  their  order,  by  thefe  new 
AND  opious  courts  OF  JUDICATURE  ;  all  complain  of  ihe 

DISUSE  OF  THE  STATES,  f  of  the  INTRODUCTION  OP  AR- 
MIES, but  all  in  vain.  The  king  was  conftant  to  what  he 
had  determined.  Mva  was  in  his  nature  fr/<#/and  imxora- 
hle^  The  new  army  was  fierce  and  brave,  and  defirous  of 
nothing  fo  much  as  a  rebellion  in  the  country.  The  people 
were  enraged,  but  awed  and  unhcadcd.     All  wa^  seizure 

and    PROCESS  ;— CONFISCATION     and   IMPRISONMENT  ;  — 

ji.-oa  and  horror  ;— insolence  and  dejection;  — 
PUNISHMENTS  cxccuted,  and  meditated  revenge.  The 
fmaller  branches  were  lopt  off  a  pace  ;  the  great  ones  were 
longer  a  hewing  down.  Counli  Foment  and  Horn  lalled  fe- 
veral  months;  but  at  length,  in  fpite  of  all  their  fervices 
to  Charles  the  fifth,  and  to  Philips  as  well  as  of  their  new 
merits  in  quieting  of  the  provinces,  and  of  fo  great  fuppli- 
cations  and  interccffions  as  were  made  in'  thtir  favour,  both 
in  Spain  and  Flankers,  they  were  jublicly  bt  headed  at  Briif- 
felst  which  fecmed  to  break  all  patience  in  the  pcoj  le  ;  and 
by  their  end  to  give  thofe  commotions  a  beginning,  which 
coft  Europe  \o  much  blaod,  and  ^jfain  a  great  part  ot  the 
Low  Country  provinces.     The   war  begun,    Alva  had  at 

firfi 

^  Sec  fpccches  in  parliament,  and  preambles  to  the  late  atSi. 

II  See  note  in  page  yf . 

t  Frequent  Diffolutions  of  affcmbllei— and  their  total  ufc 
Tefiacfs,  if  parliament  taxci  us. 


C    79    3 

poftcrity,  over  their  unhappy  colonics.     Con- 
fiding 

Jir/l  great  fucccfs.  Moved  with  no  rumors,  terrified  with 
no  threats  from  a  broken  and  unarmed  people,  and  thinking 
no  mea/ures  or  forms  were  any  more  ncctirary  to  be  obfcrvcd 
in  the  provinces  ;  he  pierends  greater  funis  are  iieceflary  for 
\\it  pay  and  reiuard oi  hi ^'viiloricns  troops  than  were  annu- 
ally    GRANTED     UPON'     THE     KINO's     REC^'SST    BY    THE 

STATis  or  THE  PROviNCbS  '.  (Nott.  Hcrc  OUT  minillc. s  have 
again  improved  upon  Philipi\  ;  for  they  have  taxed  us,  ^vith- 
out  making  req  lelb.)  §  And  therefjie  demands  a  general 
tax  of  the  hundredth  part  of  every  man's  edatc,  to  be 
raifed  at  once  :  and  for  the  future,  the  twentieth  of  all  im- 
moveable, and  the  eighteeiuh  of  all  that  was  fold.  The 
ftatcs  with  much  relu,^ancy  confent  he  firft,  as  a  thing 
that  ended  at  once.  They  pe  i  irix.  •  ^'^f^S*  dut  wira- 
cuT  REDRESS  J  draw  out  the  ye.tr  in  -ontells,  fometimes  llo- 
machful,  fometimes  humble  with  the  governor  :  Till  the 
duke,  impatient  of  delay,  caufes  the  ^diV?,  without  cok- 
SENT  of  th£  states,  to  hi publijbcd.  The  people  ri*" 
fuse  to  pay  ;  the  soldiers  begin  to  levy  by  force  ; 
the  townsmen  all  shut  up  THE^R  shops;  the  peofle 

IN    THE    COUNT'^.Y  FORBEAR  THE     MARKET  ;    fo  aS    HOt    fo 

much  as  bread a-^d  meat  is  to  be  bought  iu  the  town.  The 
duke  is  enraged  ;  calls  the  fzlUers  to  arms  ;  and  commands 
feveral  of  the  inhabitants,  who  refused  the  payments, 
to  be  hanged  that  very  night  upon  their  sign  posti  ; 
which     moves   not   the    obftinacy   of    th«  pcop'e.     And 

NOW 


iM.ii 


§  Another  advantage  the  Brr/i/^  minif^ers  have  over  the  Spanijh 
in  depth  ot  policy,  is  very  rcinarlcible.  Spainrv/zt  A  gieac 
empire.  The  Low  Coimtrics  a  mere  Tpcck,  comf  v  ri  with  it. 
Spain  was  not  a  maritime  ftate  that  depended  upon  them  for  the 
fupply  of  her  revenue.  Had  they  been  Unit  in  the  Tea,  flie  would 
fcircely  have  felt  the  lofs.  Her  profpeCt  of  fuccefs  was  almoit 
certain.  France,  licr  then  inveterate  enemy,  cxhavifled  by  a  civil 
war,  and  divided  into  two  powerful  pirtres.  Every  circumrtancc 
ii  direiflly  the  revcrfe  to  Great-  Britain  m  her  preiient  cotitcil  with 
the  coluuics.  "  Siquidcm  vcriirimnm  eft,  ijnem  tcvli-.  iiiji^'cit',  et 
iiijciflo  fpatiufli  moduniiia:.    Sutucrs,  coa  ^.Ic  m  Cjufdem  niaixu." 

STRA-J*,  lib.  7. 


■  ! 


L     8o    ]  ~ 

fiding   in   il»e  undeniable   truth   of  this  fingle 
poficion,  thuf,  *'  to  live  by  one   man's  ■'-  will, 

became 


wow    THE   OFPICltRS   AND  THE   GUARDS     ARE     READY     TO 

BLC3JN  THE  EXECUTIONS,  w4ien  ncvvs  comer,  to  tovvn  of 
the  taking  of  the  BriJt  by  the  Cuefes,  ff  and  of  the  ex- 
pe£lation  that  had  <^iven  of  a  fudJcn  revolt  in  the  province 
of  Hcllnna. 

'*  This  unexpci'^rd  Wow  struck  the  duke  of ///i/^,  and 
fortfecing  the  confequcmcs  uf  it,  becauff  he  knew  the  ftubble  was 
dry,  and  now  he  found  the  fire  was  fallen  in,  he  thought  it 
an  ill  time  to  make  an  end  of  the  tragedy  in  lirabattt,  whilft 
a  new  fccne  was  opened  in  IlollatjJ  \  and  fo  giving  over  for 
the  prefent  his  taxes  and  executions,  applies  his 
thoughts  to  the  fuppreflion  of  this  ne*  enemy  that  broke  in 
upon  him  fif^m  the  0.*a.  And  jtoiv  began  that  great  commo> 
tion  in  the  Lonv  Counf-ies,  which  /icver  Cfw^cJhMi  in  the  lofa 
•of  lliofe  provinces,  when  the  death  of  the  royal  government 
£ave  lifi*  to  a  new  commonwealth." 

O'jfcrvat.  upon  the  UNIT RD  provinces  of  the  Nether- 
lands  by  fir  hFiltiam  Temple. 

Philip  and  his  junto  of  cabinet  minifters  thought  them- 
fclves  no  doubt  very  wife,  and  politic  as  fo  many  Machia- 
*vels.  But  what  Hu's,  and  will  fay  mankind  as  long  as  the 
memory  of  thofe  events  is  preferved  ?  That  their  counfels 
were  def  icrrble,  their  motives  deteftable,  and  their  minds 
like  thofe  defcrib -d  by  the  biihop  of  Lerida,  that  exadtly 
refemhled  ihe   hon.s  of   tSe  cows  in  hia  country — little, 

"    HARD,    and    CROOK^D." 

t  Hooke",  *'  Ft^r  a  man  to  be  tenant  at  '-will o{  his  liber- 
ty 1  can  nev«r  agtee  to  it.  It  is  a  tenure,  not  to  be  found 
in  all  Litt'eton"'  Speech  of  Sir  Edvk^ard  Coke. 

•'  Etiam  ft  uominus  nan  Jtt  molejius,  tumen   mifertimum    ejl, 

pofTe  y?  vcllt."  Cicero. 

^ *«  Th-/;^^, 

Know    ungentle  tyranny."  RowE. 

♦"  B/Tcr^rj — Tliev  were  cai'icd  fo  in  fr>ntcmpt,  when  they  peii- 
ti'HcJ.  (  hfr  peoM.  tiicrciipod  ai^unud  ihat  name,  peibap»  tO 
kur;>  ap  liic  mcmurv  <:i£  an  iufuU  ouafwncd  by  their  loyaUy. 


C    8»     1 

became  the  caufe  of  all  men's  mifcry,"  they  ge- 
neroufly  fuffcred.---And  the  worthy  bifhop  be- 
fore mentioned,  who,  for  ftrcnuoufly  aflfertino- 
the  principles  of  the  revolution,  received  the 
unufual  honor  of  being  recommended  by  a 
HOUSE  OF  COMMONS  to  the  fovercign  fur  prefer- 
ment, has  juftly  obferved,  that  "  mijery  is  the 
fame  whether  it  comes  from  the  hands  of  many 

or  of  ONE." 

*'  It  could  not  appear  tolerahk  to  him 
(meaning  Mr.  Hooker  author  of  the  ecclefMftical 
policy)  to  lodge  in  the  governors  o(  any  fociety 
an  UNLIMITED  AUTHORITY,  to  anull  and  alter 
the  conftitution  of  the  government,  as  they 
fhould  fee  fit,  and  to  leave  to  the  governed  the 
privilege  c«/y  of  ABSOLUTE  subjection  in  all 
fuch  alterations  \  *  or  to  ufc  the  parliamentary 
phrafe,    "  in  all  cafes  whatfoeverJ" 

[  From  what  fource  can  Great-Britain  derive 
a  fingle  reafon  to  fupport  her  claim  to  fuch  an 
enormous  power?  That  it  is  confident  with  the 
laws  of  nature^  no  reafonable  rnan  will  prftend. 
That  it  contradidls  the  precepts  of  chrifiianity^ 
is  evident.  For  fhe  drives  to  force  upon  us, 
terms,  which  fiie  would  judge  to  be  intolerably 
fevcre  and  cruel,  if  impofcd  on  herfelf.  "  Vir" 
tual  reprefentation^*  is  too  ridiculous  to  be  re- 
garded, ne  neceffity  of  a  /upreme  fovereign  legifla-- 

L  /  ture 

*  HcadlyV.  difc.  on  gov-crnment, 


ft 


ture  iiitcrn.Vily  fupcrintcnding  the  whole  em- 
pire*, is  a  notion  equally  unjull  and  dangerous. 
*'  1  he  pntence  (fays  Mr.  juiUce  Blackjlone 
fpeaking  oi  James  the  firft's  reign)**  for  which 
arbitrary  mealures  was  no  other  than  the  ty- 
rants plea   of   the  NECESSITY    OF  UNLIMITED 

POWERS,  in  works  of  evident  utility  to  the  -f- 
public,  the  fupreme  reafon  above  all  realbns, 
which  is   the  falvation  of  the  king's   lands  and 

people.** 

t  With  fuch  fmoolh  words  may  the  mod  dreadful  dc- 
figns  be  gloflld  over.  "  There  arc  feme  men  who  call 
evil,  good,  and  bitter,  twcet.-^yujfice,  is  now  called /o/w- 
tarity  And  Fa Jlion.'*  Pari.  hill.  8.    193. 

'*  A  man  fliall  not  unprofitably  fpend  his  conicmpU- 
tlon,  that  upon  this  occafion  confiders  the  method  of  God'» 
judicc  (a  method  terribly  remarkable  in  many  palfages,  and 
upon  mmy  perfons,  which  we  fhall  be  compelled  to  re- 
member in  this  difcourfc)  that  the  fame  piinciplcs,  and  the 
fame  application  of  thofe  principles  fliould  be  ufed  to  the 
wrcfting  all  fovereign  power  from  the  crown,  which  the 
crown  had  a  little  before  made  ufe  of  for  the  extending  its 
authority,  and  power,  btyonJ  Ws  hounds,  to  the  prejudice  of' 
ihejuji  rights  cfthf,  fuhjeii.  A  supposed  N£C»s«ity  was 
then  thought  ground  enough  to  create  a  power,  and 
A  BARE  AVERMENT  OF  THAT  NECESSITY  to  beget  a  prac- 
tice to  impoje  ivhat  tax  they  thought  convenient  upon 
the  fubjedt,  by  writs  of  Jhp-mtiiiey  never  before  known, 
and  a  fuppoled  neceflity  now,  and  a  bare  averment  of  that 
neceffity,.  is  as  confidently,  and  more  fatally,  concluded 
a  good  ground  to  cxi;Iude  the  crown  fiom  the  ufe  of  any 
power,  by  an  ordinance  never  before  heard  of,  and  the 
fame  maxim  of  "  falui  populi  fuprema  lex,"  which  had 
been  ufed  to  the  infringing  the  liberty  of  the  one,  made  uf« 
of  for  dellro)  ing  the  rights  of  the  other.'* 
Lord  C/;##«<»'c//s  hill,  b.  5,  p.  54, 


.  vi      > 


[    83    ] 

people.'*     This  was  not   the  dodtrinc  of  James 
only.   His  Ton  unhappily   iniierited  it  from  him. 
On  this  flimfy   foundation  was  built  the  claim 
oi  fiip  money  &c.    Kor  were  tiiere  wanting  men, 
who  could   argue,  from   the  couiily  text,  that 
parliaments   were    too  fiupid  or   too  faflious  to 
grant   money  to  the  crown,  when  it  was  their     . 
intereft  and  their  duty  to  do  fo.    This  argument 
however,  ^^^  fully  rctuted,  and  flcpt   above  a 
century   in   proper  contempt,  till  the  pofteriiy 
of  thofe,  who  had  overthrowii  it,  irougl.tfit  to 
revive  the  exploded   n-hfurdity.     Trilling  as  the 
pretence  was,  yet   it  might  much  inorc  propeily 
be  urr    .' :;-i  'ivour  of  a  fingk  fcrfov.^  than  of  a 
multtu.lt.    /".ccounfcis  of  amonirch   may  be 
more  <'^ciet.  His  mcafurcs  more  quick.  In  j^afllng 
an  a£l  of  par'  ^ment  for  all  the  colonies,  as  many 
men  are  tonfjitcd,  if  not  more,  than  need  be  con- 
fulted,  in  o''taining  the  anfenr  of  every  legiflaturc 
on  the  contin  nt.  \[  it  i'  ago      argument  for  par- 
liament, it  is    .  better  ag.iinli  vliem.     It  there- 
fore proves  noihing  but  its  own  fi   ilirv.     The 
fuppojed advantages  o\  fuch  a  powi-r,  could  never 

be  attained  but  by  the  dcllri.ition  of-j-  realbeie- 

.    L  2  fits, 

■\  Thus  the  patriotr  of  Char/es^s  days  argued — "It  is  not, 
that  ftjif-money  hath  been  levied  upon  l'J,  but  it  is,  that 
thereby  fhip-money  f  .  -ned^  which  is  the  gift  and  ear- 
nest PENNY  OF  ALL  WK  UAVE  :  it  15  fiot,  »^hat  our  perrops 
have  been  imprifoned,  'u'  .he  payment  of  Inip  money,  but 
that  our  persons  and  lives  are,  upon  \\\^  lame  ground  of 
lavj,  delivered  up   to  nvill  and  ^>leafure,     his,    that  our 

BIRHTRIGHT 


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[   84  3 

//^,  evidenced  by  fafls  to  cxifv  without  it. 
The  Swifs  Cantons^  and  the  United  Provinces^ 
are  combinations  of  independant  dates.  1  he 
voice  of  each  mud  be  given.  The  inftance  of 
thefe  colonies  may  be  added:  For  dating  the 
cafe,  that  no  a<St  of  internal  legiflation  over 
them  had  ever  been  pad  by  Great-Britain^  her 
wifed  ddtefmen  would  be  perplexed  to  diew, 
that  die  or  the  colonies  would  have  been  Icfs 
flouridiing  than  ihey  now  are.  What  benefit^ 
fuch  a  pow<ir  may  produce  hereafter,  time  will 
difcover.  But  the  colonies  are  not  dependant  on 
Great-Britain^  it  is  faid,  if  fhe  has  not  a  fu- 
preme  unlimited  legiflature  over  them.  *'  I 
would  afi<  thefe  loyal  fubjefls  of  the  king  (fays 
the  author  ot  a  celebrated  invediveagaind  us)  J 
what  king  it  is,  they />r<?/>/}  themfelves  to  be 
loyal  fuhjeds  of?  It  cannot  be  his  prefent  mod 
gracious  majedy,  George  the  third,  king  of 
Great  Britain^  for  his  title  is  founded  on  an  a£l 
of  parliament,  and  they  will  not  furely  acknow- 
ledge that  parliament  can  give  them  a  king, 
which  is  of  all  others,  the  higheft  ad  of  fovcr- 
eignty,  when  they  deny  it  to  have  power  to  tax 

BIRTHRIGHT  IS  dcftroyed,  and  that  there  hath  been  an  en-  r 
deavour  10  reduce  us  to  n  lower  Jiate  than  villainage,  ThC;  -. 
lord   might  tax  his  'villain  de  haut  et  de   hafle,  might  im-  .-^ 

prifon  him,  but his  life  was  his  own;  the  law  sh-,,^ 

CURED  HIM  THAT,"  Lofd  Clarendon^  suyi 

X  See  note  on  thefe  words — "  Therefore  a  power  of  re-^j^t 
gulating  pur  trade,  involves  not  in  it  the  idea  of  a  fupreme 
legiflatur;^  over  us."  pa.  1 2  ^ 


\     I      / 


r  i 


\\    -Hi   f 


t  ^  i  ,    ,,    ■ 

or  bind  them  in  any  other  cafe  ;  and  I  do  not 
recolkSI,  that  there  is  any  adt  of  alT  i;nbly,  j[> 
any  of  the  colonies  for  fettling  the  crown  upon 
king  ^tlliam  or  the  illuftrious  houfe  of  Ilaiio- 
ver  *."  "  Curious  reafoning  this."  §  It  :s  to 
be  wi(hed  the  gt-ntleman  had  *'  utol'eCied'* 
that  without  any  fuch  *'  adl  of  allcmbly" 
none  of  the  colonics  ever  rtrbclled.  What 
aSf  of  parliament  is  here  meant  ?  Surely  not  ^hc 
luh  Ot  Henry  the  leventh,  chapter  the    id  in 

favour 


•  **  The  controierjy  between  Great -Britain  and  her  colo- 
nies revie.ved."      The   learned    gentleman  who  wrote  this 
piece,  has   thought   proper  to  quit  his   argument,  rtep  out 
of  his  way,  perfonaliy  abufe  and  leverely  attack  the  wiictr  of 
the  "   Farmer's  L'-tters."     His  principal  objedions  are  the 
Ibl'owinir,  and  the  anfwers  here  given  may  perhaps  be  fuffi-  ' 
cient  to  fliew  with   what  force  his  objedions  are   geneially  A 
urged,      ifl.  He  fays,  "  the  wi iter  of  the  letters,  tells  us, 
chat  the  drawbacks  A'hich  aie  illowed  on  fome  articles  upoai^' 
their  exportation  fro;^  England 2Lmo\xxiX.  to  more  money  than 
all  the  duties  t0L;ether  which  are  laid  upon  them  on  their  ar-  ^ 
rival  in  the  colonies  will  produce.     1  believe  it  is   the  firft^f 
time  that  the  colonies  of  any  Itate  have  complained  of  the^^ 
injuftice  of  the  m^ither  country  in  laying  taxes  upon  them, 
which  were  not  fufficiently  heavy y  nor  was  it  ever  lefore  dil-  '^ 
covered  that  the  proper  means  to  redrefs  the  grievances  of 
any  people,  were  to  increafe  their  taxes  "  Page  i6.     Anh-wer, .. .. 
The  truth  of  the  affertion  in  the  letters  is  not  denied.     It  is 


""■ipi 


aflumed,  by  the  author  of  the  '*  com.  jverfy,"  as  the  foundarJ^^ 
tion   of  his   argument.     If  then,  parliament   would   have  ^^ 
raifed  more  money,  *'  hjr  flopping  the  drawbacks,  than  by,^^ 
laving  the  duties  lobe  paid  in  the  colonies,"  nuhy  were  they 
kid  ?  From  r^rfped  for  parliament  it  mull  be  fuppofed,  x\kt^, 
were  laid  iot  Jome  purpofe.     ' -^'  ''~"  *^~  '^ '"  ~'  *^'^ 


It  was  not  for  the  fake  of  the    „ 

■  'm- 
iTiOnev,   =^ 


§  Id.  p.   17. 


^l' 


hi  k 


Wl' 


w 


i    86    1 


favour  of  a  k\i\gdefa^o.  Probably  the  12th 
and  13th  ot  William  the  3d  chapter  the  2d 
**  for  the  further  limitation  of  the  crown  &c.'* 
is  intended.  And,  is  it  imagined  that  the 
words  "  dominions  and  territories  thereunto 
*  belonging" 

money.     For  what  then  ?  To  cfiablifh  a   precedint  for 
taxing   the  colonics,  fays  the  writer  of  ihe  letters.     The 
author  of  the  controverfy  does  not  deny  it  ;  hut  enters  into 
a  diflertatlon  upon  the  more  and  the  lefst  which  is  not  the 
point  in  queftion.  2dly.  1  he  writer  of  the  letters  fays,  that 
**  zci  aS  of  parliament   commanding  us   to  to  do  a   certain 
thing,  if  it  ha:  any  validity,  is  a  tax  upon  us,  for  the  ex^' 
fince  \\  that  accrues  in  complying  with  it."  In  reply  to  this, 
the  author  of  "the  controverfy"  enumerates  many  inftances 
of  fovereignty  Jubjeding  the  cclcnies  to  expince,  which  he  fup- 
■pofes   may  be  legally  exercifed  within  the  colonies  ••  by 
ACT  OF  parliament".  Pages  23,  24.  Anj'wer.   The  pro- 
priety of  this   fuppofition   is  dcnitd,    and   remains    to    be 
proved.     **  Abfurdities  and  contradictions"  are  pleniitully 
attributed  to  the  writer  of  the  letters,  becaufe  he   will  not 
acknowledge,  that  the  power  of  parliament  **  to  regulate 
^   trade,  and  prefervsi  the  connection  of  the  whole  empire  in 
f"  <iue  order,*'  involves  in  it  a  power  to  "  tax  the  colonies," 
or  "  to  put   them   to  any  expence"  parliament  fl>all  pleaft, 
^  A  perfon  of  fuch  fagacity,  as  the  author   of  the  controver- 
'  {^t  might  plainly  have  perceived,  if  his  refentment  had  not 
prejudiced   his  candor,  that  the  writer  of  the  letters,  was 
unwilling  to  give  up  any  point,  which  he  then  thought  ef- 
fential  to  the  freedom  and   welfare  of  his  country,  and  at 

■j^D'tti*  II  Thjj  fcptcnce  related  to  the  diflblutlon  of  the  aflcmbly  of 
"f'f  A rw- Tori,  for  not  complying 'with  the  adl  of  parliament  for  not 
//-^vfupplying  the  troops.  Laft  feflion  of  parliament  an  adk  was  pafl'cd 
,»;>;:  for  the  more  commodious  quartering  of  the  troop*  in  America.  It  is 
'13'!  not  yet  come  over ;  but  dcferves  the  attention  of  the  coloaifts,  even 
I  3  if  it  has  not  the  remarkable  features,  that  diftinguifli  the  prod uc- 
^  rbi'tions  of  the  laft  fcffion. 

'  .«i.t>»»i.-t>3T?at  T5ff  ^iroyrit  •^.,•^v^' 
0^•  ,;i^j»i»«%t  ■ 


.■I« 


'A  IV 


X  ■» 


r\i4 


■:t, 


.  C   87   ] 


belonging*'  in  that  ftatute,  form  his  majeily'a 
title  to  th"  fovereignty  of  thefe  colonies?  The 
omiflion  of  them  might  have  looked  odd-,  but 
what  force  is  added  by  their  infertion  ?  The  fet- 
-:-  ^  '  tie  men  c 

the  fame  time  was  §  unwilling  to  propofe  any  new  fubjcifl 
of  difpute.  Jallly  has  the  author  of  the  controverfy  ob- 
ferved— that  •*  it  would  be  cndlefs  to  trace  this  dodrine  of 

TAXES     THROUGH     ALL    THE     CONSEQUENCES."    pa.      23. 

3dly.  The  writer  of  the  letters  fays,  **  we  are  as  much  de- 
pendant on  Great -Britain,  as  a  perfedly  free  people  can  be 
on  another."  On  this  the  author  of  the  controverfy  kindly 
obferves,  that — **  it  is  a  pity  the  learned  editor  (the  Eng^ 
lijh  editor,  it  is  fuppofed)  his  not  given  the  public  a  differ- 
■    '^  ''     * '  tation 

§  "  If  any  pcrfon  (hall  imagine  thit  he  difcovers,  in  thcfe  Icitcrs, 
the  Icaft  diflik.' of  the  dependence  of  thcfe  coloiiies  on  Great-Bri- 
tain,  I  beg  that  fuch  perfon  will  not  form  any  judgment  on  parti- 
cular exffefficns,  but  will  conQder  the  tinor  of  all  ihe  letten  takdn  tc 
gether.  In  that  cafe,  I  flatter  myfclf,  that  every  nnprejudiccd  rea- 
der will  be  convinced,  that  the  true  intcrcfts  of  Great-Britain  jirc  as 
dear  to  me,  as  they  ought  to  be  to  every  good  fubjeifl. 

*'  If  I  am  an  enlhuftaji  in  any  thin(»,  it  is  in  my  zeal  for  the  perpc 
tual  dependence  of  thefe  colonies  on  their  mother  country. — A  de- 
pendence founded  on  mutual  benefits,  tlic  continuance  o^'  wbichcan 
be  fccured  only  by  mutual  afettions.  Ihrrcforc  it  is,  that  wiih  ex- 
treme apprchcnfion  I  view  the  fmatleft  feeds  of  difcontent,  which 
arc  unwarily  fcattered  abroad.  Fifty  or  Ji.xty  years  will  make  afto- 
nifhtng  alterations  in  thefe  Colonies  ;  and  this  confidcration  fhould 
render  it  the  bufinefs  of  Great-Britain  more  and  more  to  cultivate 
our  good  difpofitions  towards  her :  But  the  misfortune  is,  that 
thofe  ^r^fl/ mf«,  who  are  wreftling  for  power  at  home,  think  them- 
felvcs  very  flightly  intcrefted  in  the  profpcriiy  of  their  country  fifty 
or  fixty  years  hence,  but  are  deeply  concerned  in  blowing  up  a 
popular  clamour  for  fuppofed  »V«wer//fl/f  advantages. 

••  For  my  part,  I  regard  Great-Britain  as  a  bulwark,  happily 
fixed  between  thefe  colonies  and  the  powerful  nations  of  Europe. 
That  kingdom  remaining  fafe.  we,  Under  its  protection,  enjoying 
pcace^  may  diiFufe  the  bleliiogs  of  religion,  fcience,  and  liberty, 
through  remote  wilderneffes.  It  is  therefore  incomeftably  our  duty, 
and  our  interejl,  to  fupport  the  ftrcngth  of  Great  Britain.  When 
confiding  in  that  ftrength,  (he  begins  to  forget  from  whence  it 
arofe,  it  will  be  an  eafy  thing  to  (hew  the  fource.  She  may  readi- 
ly be  reminded  of  the  loud  alarm  fprcad  among  her  merchants  and 

tradcAncn 


. ..  ' 


!*■.  j 


It 

si  # 


<-■>_ 


'% 


'4 


m-!\ 


w. 


i: 


3    ••'    I 


Lk'/' '» 


H  '■ 


mi 


tkmcnt  of  the  crown  of  England  includes  the 
fcultnirnt  of  the  fovercignty  of  the  colonics. 
K^ng  PVilUam  is  mentioned — and  will  the  gen- 
tleman venture   to  fay,  that  fniiiam  was  not, 


r;i;n;T'ftf'*'^ 


:ing 


tarion  on  that  mrft  ingenious  and  inrtruinive  pafiape."  pa. 
it;.  Anjiutr.  Amtncan  underftandings  difcovcr  no  incOnfif- 
tcncy  in  the  idea  of  •*  a  Hate  being  dependant,  and  yet  per* 
fe^ly  free,"  and  their  temper  is  fo  moderate  that  they 
would  be  content  with  that  degree  of  freedom,  which  is 
compatible  with  a  dcpendance.  If  the  propofition  puzzles 
B^ttijh  underllandings,  it  is  prefumed  to  be,  becauie  Bri- 
ions  will  not  give  themfdves  the  trouble  to  think  of  any 
dcpendance,  but  of  fuchy  as  is  deftruflive  of  all  freedom  i 
though  they  themfelves  are  dependant  in  Tome  meafurc  on 
others.  4ly.  The  writer  of  the  letters  fays —  *'  if  money 
be  railed  upon  us  by  others  without  rur  confent,  for  our  de- 
fence, thofe  who  are  the  judges  in  levying  it,  mull  alfo  be 
-...  .  ■   •:    ,  -  .._  .   jj,e 

tradefmen,  by  tlie  univerfal  afTociation  of  thefc  colonics,  at  the 
time  of  the  fiamp-aff,  not  to  import  any  of  "her  m  an  UFA  ctur  es. 

"  In  the  year  1 718,  the  Ruffians  and  Sivedcs  entered  into  an  agree* 
mcnt,  ntitto  iuffer  Great -Brilain  to  cxpoK  any  naval  stores 
from  their  dominions  but  in  Ruffian  or  Sivedijh  fliips,  and  at  their 
own  prjces.  Great-Britain  was  diArefled.  Pitch  and  tar  rofc  to  three 
founds  a  barrtl.  At  length  (he  thought  of  getting  thefc  articles  from 
tlu-  colonies  ;  and  the  attempt  fcceeding,  they  fell  down  to  fifteen 
Jiiillinjis.  In  the  year  1756,  Great-Britain  was  threatened  with  an 
inva/ion.  An  cadcrly  wind  blowing  for  tix  weeks,  (he  could  not 
MAN  her  fleet,  and  the  whole  nation  was  thrown  into  the  uttnofl; 
confternation.  The  wind  changed.  The  American  fliips  arrived. 
The  fleet  failed  in  ten  or  fifteen  days.  There  are  fomc  other  re- 
fle«aion»,  on  this  fubjedl,  worthy  of  the  moft  deliberate  attention 
of  the  BW/i^  parliament ;  but  they  are  of  such  A  nature,  that  I 
do  not  chufe  to  mention  them  publicly.  I  thought  it  my  duty,  in  the 
year  176$,  while  the  ftamj>-ait  \ris  in  fufpenfe,  to  wntc  my  fcnti- 
ments  to  a  gentleman  of  great  influence  at  home,  who  afterwards 
diftinguiflied  himfelf,  by  efpoufing  our  caufe,  in  the  debates  con- 
cerning the  repeal  of  that  adV."    Farmer's  Letter,  xii.  p.  100, 

If  the  author  of  "  tht  controverly"  had  feen  the  letter  above 
referred  to,  he  would  have  found,  that,  the  difi'ercnce  between 
the  PREROGATIVE  in  Great- Britain  and  in  America,  and  the  ei* 
ercife  of  imternal  legislation  by  parliament  over  the  colo- 
nies, with  fome  otiier  points  therein  mentioned,  were  reprefented 
in  the  ftfonseft  tcim>  the  writer  of  the  letters  could  ufe,  as  unjuftj. 


^W/i*\  f^-mmf/^trnffUff^ 


C  89  ] 


king  of  England 2in6.  foyereign  of  thcfc  colonies,' 
before  his  tiile  wa,.  "  declared"  or  "  recog- 
nized" by  ''  an  adl  of  parliament?"  The  gen- 
tleman flurs  over  this  cafe.  His  zeal  for  the 
,     '»  M  "  illuftrious 

■:■} 
the  judges  in  applying  it.     [Of  consequence,  the  money,. 

f aid  lo  be  taken  from  us  for  our  defence,  may  be  employed^  to 
our  injury.  We  may  be  *  chained  in  by  a  line  of  fortifica- 
tions— obliged  to  pay  for  the  building  and  maintaining  them 
— and  be  told  that  they  are  for  our  dt;fence  ]  With  what 
face  can  we  difpute  the  fad  after  having  gr.ntf'd  tliat  thofe 
who  apply  the  monev,  had  a  right  to  levy  it  ?  For  (urely  ic 
is  much  eafier  for  their  wifdom  to  undcrlland  how  19  apply 
it  in  the  bell  manner  than  how  to  levy  it  in  the  bert  man- 
ner. Befidc  the  right  of  K.vying  is  of  infinitely  more  confe- 
quence  than  that  of  applying.  '\  lie  people  q{  England^  who 
would  burft  out  into  fury  if  the  crown  fhould  attempt  to  //- 
•vy  money  by  its  own  authority,  have  always  afligned  to  the 
crown  the  a'plication  of  money." 

From  thefe  words  relating  to  "  application"  the  author  of 
**  the  controverfy"  deduce-^  a  *'  proof,"  that  the  writer  of  the 
letters  is  very  deficient  in  "  his  knowledge  of  the  conflitu* 


and  certainly  tending  ift  a  few  years  to  produce  thcdccpcft  dJfcon*  )- ' 
tents.     The  time    is  at  lengilt  come,  when  filence  ia  ^;Nfr(C(a  on 
thefc  fubjedls  wou'd  be  Hupid  ^r  ciiminal. 

•  The  probability  of  this  nieafurc   taking  place,    is  confirme4 
by  the  Canada  bill,  a  political  device  fo  extraordinary,  as  to  ex*')'. 
ciicfurprize  even  in  thofe  colonics  who  live  in  the  year  1774.     By  ' 
this  bill,  it  is  faid,  the  Itgijlativc  power  is  lodged  in  the  gorerno? 
and  a  few  men,  not  Icfs  than  17  nor  more  than  *3,  appointed  and 
rcmoveable  by  the  crown  ;    and  the  government  becomes  wholly 

military. Trials  by  jury  are   abolillied,    though  multitudvs  o£ 

Englip   fubjcdts  fettled    there  on    the  encpuragcment    given    by,  i 

the  kii^g's   proclamation    in    ijCj The    French    laws   arc   re^.un 

ftored,  and   all  the  country  on   the  back  of   these  oo»m'' 
LUNiES  is  added  to  Canada,  and  put  under  the  same  m UNI- 
TARY government.     This  is  indet-d  to  be '•  citmed'm."     No-is 
thing  is  wanting  to  complete  the  plan,  but  oiu  money,  to  defray^f;* 
the  expence  of  eredting  jlrong  hnlds  among  our  woods  .and   mcii^e^n 
tains,  and  to  bribe  our    Indians;   and  then  the  exprcfliQa  of  '•  beat'*->^c, 
trig  our  f-words  into plough'jhares  will  be  rcvcrfed  in.ao  extraordinary!  ^ 
manner;  for"  our  plough-thare*"  will  furniftj  tl.C  very  •'  fwotds" 
that  are  to  cut  our  own  throats. 


\  I. 


■A  i  i) 


A 


[    90    ] 


¥ 


.  I*' 


■4(1  i- 


•'.^^illuftrious  houfe  of  Hancver"  would  be   lit- 
tle graiified,  by  infering,  that  bccaufe  the  two 

houles 
i:on"t  &c  Aiif'wtr.  Is  this  treatment  generous?  In  fuch 
queftions  ought  the  attack,  to  be  turned  from  the  cauje  to  the 
7:ian  ?  The  writer  of  the  letters,  pretends  not  to  be  diiHn- 
guifhed,  as  a  **  critic  on  government"  nor  for  ••  juftnels  or 
elegance  of  compofrion."  ||  Surely,  even  the  author  of  ♦*  the 
controverfy "  mull  now  be  convinced  of  his  averfion,  to  writing, 
as  that  performance,  with  all  *♦  the  jullnefs  and  elegance  of 
its  compofition,  knowledgeof  the  fubjed  handled,  &  confli* 
tutional  learning  difplayed  in  it,"  and  employed  to  pull  to 
pieces  the  reputation  of  the  writer  of  the  letters,  has  not 
rouzed  him  during  fo  many  years  fince  its  publication,  to 
make  a  finglc  effort  in  vindication  of  his  charafter.  Was  it 
imagined,  that  every  objeftion  was  juil,  becaufe  not  replied 
to  ?  Many  reafons,  befides  a  fear  of  encountering  objec- 
tions, may  prevent  an  anfwer.  In  truth,  he  cannot  be 
called  a  'vclunteer  author. —  He  never  did,  and  never  d\kzq 
to  writt,  but  ivben  the  honour  or  interellof  his  country  was 
alTaulted — when  duty  compelled  every  one  to  contribute 
what  afTillance  he  could  in  her  defence — and  when  he 
hoped,  the  caufe  would  draw  fome  kind  of  a  veil  over  his 
defe(^ls.  He  expeded,  he  might  efcape  as  the  Spartan 
youth  did,  with  fome  flight  cenfure  for  engaging  improperly 
armed^  but  that  his  motive  would  excufe  him  from  a  fevere 
one.  How  well  founded  the  prefent  reproach  is,  will  now 
be  conildered.  One  would  imagine,  that  a  man  of  com- 
mon fenfe  on  reading  the  foregoing  extrad  from  the  letters, 
would  underftand  the  writer  plainly  to  mean  by  •*  levying^* 
the  power  of**  taxing* — and  by  *'  applying**  the  power  of 
*'  employing^'  x\ic  money  railed  by  taxing;  or  in  other  terms, 
i\ie  uc'tual  expenditure  o£ it.  This  meaning  is  evident — the 
conclufion  being  expre/s,  that  *'  i^ ethers  may  be  judges  in  ap' 
flyifig  money,  ofconsuquence  hmay  ie  employed  to  our  in^^ 
jufy"— and  then  follow  fome  itijiancest  in  which  it  '*  may 
Jo  employed."     All  this  is  very  clear.  -  How  then  docs 

\  Page  %$.         11  Pages  aa  and  15. 


.*<-/'»tsoil*aiUi 


r  91  1 

houfes  with   the  confent  of  the  nation,    made 

a   king,    therefore  the    two  houfes  can   make 

-  M  2  hws. 

the  very  ingenious  gentleman  open  his  way  to  the  wiircr  cf 
the  letters,  to  give  him  this  violent  blo*v  ?  By  a  dexterity  wor- 
thy of  imitation — if  jujlijiahle.  He  le.i'vcs  out  of  his  quota- 
tion, all  the  'Words  incloi'ed  within  the  lall  crotchet,  be- 
ginning at  the  words  "  of  coNSEquENCu"  and  ending  at 
the  words  '*  our  def:nce,"  that  Jhe'iued  bevond  a  poffibility 
of  doubt  tn<vjhai  jen/e  the  word  *'  apflyin^''  was  ufed  -  lakes 
no  notice  of  the  Oiniflii»n—  impofes  another  fenfe  on  the  word 
—and  then  iiifuits,  may  it  be  faid,  over  the  fuppofed  millakc 
of  faying,  **  that  the  people  of  £«j/««^  have  always  aflignecl 
to  the  crown    the  application  of  money." 

What  fenfe  he  or  others  may  afiign  to  the  word  **  appli- 
cation" is  not  the  point:  but  whether  the  word,  taken  in 
that  fenfe  which  the  writer  of  the  letters  exprefsly  annexed  to 
ity  is  ufcd  ijoith  propriety  by  him,  or  whether  it  is  ufed  /;/ 
fuch  a  manner i  as  to  *'  prove  he  is  very  deficient  in  his 
knowledge  of  the  conftitutiou/"'  By  that  word,  as  he  de- 
fines it,  politively  as  language  can  declare  any  meaning,  he 
intends,  the  a^ual  expenditure  and  **  employment"  of  moneys 
And  is  the  reader  to  be  tricked  out  ot  that  defnition,  and  ^?;;- 
other  /"enje  f[\\i9^cd\nf  merely  to  impeach  a  majtis  charaftcr 
by  flight  of  pen  f 

Has  not  the  conftitution  "  affigned  to  the  crown  the  aC' 
tual  expenditure  and  employment  of  money  ?'*  Is  not  this  power 
part  of  the  ^;r^^a//i;*^  r"  Does  not  Mr.  juftlce  Blackfone  men- 
tion this  power  to  fliew  the  V2<>  ''nfiuence  of  the  crown?  — 
He  particularly  takes  notice  of  it  with  refpe£t  to  the  army 
— in  thefe  expreffions — •*  paid  indeed  ultimately  by  the 
people,  but  immediately  by  the  crown  ;  rulfed  by  the  crown ; 
officered    by     the  crown;   commanded  by  the  crown."*    "■ 

Is  not  the  word  *•  application"  uled  here  too,  not  only 
properly,  as  defined^  but  properly,  in  a  confituticuat  jenje? 

True  it  is,  that  the  word  is  fometimes  ufed  as  fynonimous 
with  appropriation^  though  this  latter  feems  to  be- the  fitteil 

word 


M 


ElackftoDc  330. 


\-'M 


'si:  •' 


■■\._ 


E  9«  3     . 

laws.  Yet  thatconclufion  woul':'  be  as  juflifiable 
as  this — that  the  aflfcnt  ot  the  colonics  to  an  elec- 


tion 


word  to  mean  the  Je/ignation  of  money  to  particular  pur- 
pofes  in  a£ls  of  parliament.  Could  it  be  poflible,  that^he 
author  of  **  the  controverfy"  (hould  iinagiiie,  the  writer  of 
the  letters  could  be  ignorant  of  fuch  defignation  or  appro- 
priation of  money  by  parliament,  when  one  can  fcarcely 
open  a  book  of  ftatutes,  without  obierving  them  ?  Parlia- 
xnen;  may  accommodate  grants  of  money  to  public  neccfli- 
ties — and  may  call  officers  of  the  crown  to  account  for  mo- 
ney, but  thele  powers  no  more  prove  the  a£2ual  expend'turt 
and  employment  of  money  to  belong  to  parliament,  than  the 
power  of  calling  officers  of  the  crown  to  account  for  in- 
jurious leagues,  or  declarations  of  war,  proves  the  power 
of  parliament  to  make  leagues  or  to  declare  war.  fiefides, 
it  being  contended  againfl  the  colonies,  that  the  •'  fovereign 
fower'*  is  lodged  in  king,  lords,  and  commons,  the  fame 
perfons  may  tax  and  expend^  to  what  excefs  and  in  what  man- 
ner they  please,  while  the  colonies  will  have  no  kind 
OF  CONTROUL  ovcr  them  :  And,  that  fuch  an  union  of  thofe 
powers,  is  unconlUtutional  and  dangerous  to  the  colonies  in 
extreme,  was  the  point  the  writer  of  the  letter  i^offenfively 
tn.  ventured  to  yfift  on.  :  ;j,,i'    >   -., 

Exadly  in  the  fenfe  here  contended  for,  are   the  words 
**  appropriation"  and  "  application*'   ufed  in  fome  of  the 
befl  authorities.     Bilhop  EUjs  in  his  trads  on  liberty,   page 
^31,  fays—"  The  parliament,  at  prefent,  in  granting  mo- 
ney does  for  the  moll   part  appropriate  it   to  particular  fer- 
vices,  wheieby    the  application  of  it  is  more   effedually   fe- 
.cured."     *'  When  any  aids  are  given,  the  commons  only 
-.do  judge  of  the  neceffities  of  the  crown,  which  cannot  be 
\  Otherwife   made   manifeft  to  them,  than  hy  inquiring^  Jiow 
the  money  which    hath  been  granted,  and  re^^enue  of  the 
«rown,  is   expended  and  applied. ''"'^  **  Out  of  the  aids  given 
by  parliament,  (which  by  the  law  of  England  are  appropri- 

•;■:    t  ■  ■■  ,  ■-  •■■''^**Ji'-J','.-i>if!'- .fi  -Gl  r^-ttX'U  ■•4>^-.;  ,,»;,» nja     gffgj 
*  "Words  of  the  commons  at  z  conference  with  the  lords.  ParlJ'tff. 


Of 


[    93    } 

tion  of  a  king  by  the  two  houfcs,  or  to  the  li- 
mitation of  the  crown  by  ad  of  pirliamcnt, 
proves  a  right  in  parliament  to  bind  the  colo- 
nies by  ilatutes  "  in  all  cafes  whatfutrver."  In 
fuch  great  points,  the  coiidudl  of  a  people  is  in- 
fluenced Jalely  by  a  regard  for  their  freedom  and 

hap-  •  • 
audi  and  ou^^ht  to  have  been  employed  m  the  common  profit  of 
the  whole  realm)  many  la>gt  fums  of  money,  during  the  times 
of  fuch  heavy  taxes  uponilie  people,  have  been  diverted  un- 
der the  head  Qi  fecretferviceit  and  for  JalatieSf  lounties  aiid 
ptnfions  Sec."* 

Some  other  unfairnefles  there  are  in  this  famous  piece, 
that  need  only  be  viewed,  to  be  refuted  ;  but  of  which,  it 
may  be  faid,  if  a  **  precedent"  elUWidicd  by  the  ref^etSla- 
ble  gentleman  himfclf,  can  procure  pardon  for  the  expref- 
fxon,  that"  they  are  not  entitled  to  notice."  How  could  he 
venture  to  aifert  as  he  does,  that  —  **  the  purpose  ot  the  letters 
was  to  excite  refentirent  in  the  colonies  aghinil  their  parent 
country  and  to  pulh  them  on  to  a  fepari^.tion  from  her." 
The  letters  prove  the  contrary  Few  men  have  expreft 
a  warmer  zeal  for  the  connexion,  than  the  writer  of  them  1 
Yet  his  reputation  is  to  be  attac'.ced  on  every  account,  and 
a  charge  even  ol  dijloyalty  direclly  levelled  againft  him.  The 
author  is  welcome  to  take  what  other  licenfes  he  pleafes  ia 
his  reprehenfions  of  the  writer  ;  but  he  ought  not  to  have 
denied  his  integrity.  Their  inientions  mull  ftand  the  teft  of  a 
tribunal,  that  decides  for  eternity.  May  they  then  appear 
equally  pure.  ^ 

.?-,,  True  indeed  are  thofe  words  of  lord  C^»'^»</o//.—  *'  Let  •'O 
Iioneft  man  that  is  once  entered  into  the  lifts,  think,  he  can 
by  any  flcill  or  compo'iment,  prevent  theft*  conllifts  and  af- 
faults — but  let  him.look  upon  it  as  a  popatoy  he  is  una- 
voidably to  pafs  through;  and  conflamly  performing  the 
duties  of  juftice^  integrity  and  uprightnefs^  depend  upon 
PROVIDENCE,  and  time,  for  a  vindication." 

*  Addrefs  of  the  houfc  of  co.nmcni  to  queen  Annt.    HaxJ'  hift. 


•  •i 


i' 


■k 


[    94     3 

Iiappinefs.  The  colonies  have  nootfier  head  than 
the  king  of  En^hnd.  Tht  perfon  who  by  the  laws 
of  that  realm,  is  king  of  that  realm,  is  our  king. 

•  A  DEPENDANCE  *  on  thc  crown  and  parlia- 
ment of  6V^rt/-/?//Vrt/>/,  is  a  novelty- -a  dread- 
ful novelty.  It  may  be  compared  to  the  en- 
gine invented  by  the  Creeks  for  the  dcftruflion 
ot  Troy]'.  It  is  full  of  armed  enemies,  and  the 
walls  of  thc  conltitution  mull  be  thrown  down, 
before  it  can  bfe  infoduced  among  us. 

When  it  is  confidered  that  the  king  as  king 
of  England  has  a  power  in  making  laws- -the 
"powev  oi  exscuiif!g  them- -of  Jin  ally  determining 
on  appeals— of  calling  jpon  us  for  fupplies  in 

';   *  This  word  "  d'^pendance"  as  applied  to  the  Hates 
connefted  with  EuglanJ,  feemi  to  be  a  new   one.     It  ap- 
pears to  have  been  introduced  into  the  language  of  the  law, 
by  the  common    wealth  a£l  of  1650.  A  *•  dependance  on 
parliament"  is  dill  more  modern.     A  people  cannot  be  too 
cautious  in  guarding  againft  fuch  innovations.  *•  The  creden- 
tials of  the  imperial  ambafladors  to    the  ftates  of  Holland, 
were   direded--**  to   our   faithful  and    beloved." 
The  words  feem  to  be  very  kind;  but  the  cautious  ftates 
difcovered  that  this  was  the  Aileof  the  imperial  chancery  in 
writing;  to   the  'vajfals  of  the  empire.     The    queftion    was, 
whether  the  credentials  fhould  be  opened?  and  it  was  urg- 
ed, that  a   folemn  embaiTy  ought  not  to  be  difappointed, 
for  a  few  tiifling  words.     But  the  ftates  refolvcd  to  fend 
them  back  unopened,  which  they  did.     Other  credentials 
were  then  fent,  w'th  a  proper  diredion;  and  the  ambafla- 
dors were  well  r    eived."  Arcana  imp.  det.  p.   196, 
,  ^f  7  Co.  J 8,                   »••; 


'■\ri 


times  of  war  or  any  emergency— that  every 
branch  of  the  prerogative  binds  us,  as  the  fub- 
jcfls  are  bound  thereby  in  En^Lwd—and  that 
all  our  i n tercou r fe  with /cr«^y;jri  is  regulated 
by  parliament. — Colonills  may  "  furely"  be 
acknowledged  to  fpcak  with  truth,  and  prccif- 
lion ,  in  anfwcr  to  the  "  elegantly'*  exprcft 
queftion— "  What  king  it  is"  &;c.  by  faying 
that  "  his  mod  gracious  iT\B.}t([y  George  the  third" 
is  the  king  of  England^  and  therefore,  "  the 
kir/g"  they— proicfs  themfclves  to  be  loyal ftib- 
jetlsofr  .  :'/   •" 

t'l  We  are  aware  of  the  objeAion,  that,  "  if  the 
king  0^  England  is  therefore  king  of  thecolonies, 
they  are  fubjedl  to  the  general  legiflative  autho- 
rity of  that  kingdom."  The  premifes  by  no 
means  warrant  this  conclufion.  It  is  built  on 
a  mere  fuppofition,  that,  the  colonies  are 
thereby  acknowledged  to  be  within  the  realm, 
and  on  an  incantation  expe6ted  to  be  wrought 
by  fome  magic  force  in  thofe  woods.  To  be  fu- 
bordinately  conneded  with  England,  the.  colonics 
have  contracted.  To  be  fubjedt  to  the  general 
legiflative  authority  Oi"  rhat  kingdom,  they  never 
contratled.  Such  a  power  as  may  be  necefiary  to 
preferve  this  connexion  Ihe  has.  The  authority 
.of  i\\t Sovereign,  and  the  authority  of  controul- 
ingour  intercourfe  Wiih  foreign  nations  form  that 
power.     Such  a  pozvsr  leaves  the  colonies   free. 

"But 


i;;, 


m 


r  96  ] 


m' 


K. 


^i^ 


'ih 


I' 


But  a  general  ler^iflativc  power,  is  not  a  power 
to  prefrrve  that  conne6lion,  but  to  diftrefs  and 
cnflave  them.  If  the  firft  power  cannot  fubfiflr, 
without  the  laft,  (he  has  no  righteven  to  the  firft, 
—the  colonies  were  deceived  in  their  contradt— 
and  the  power  muft  be  unjuft  and  illegal; 
for  God  has  given  to  them  a  better  ri^bt  to 
preferve  their  liberty,  than  to  her  to  dellroy  it. 
In  other  words,  fuppofing,  king,  lords  and  com- 
mons ading  in  parliament,  conftiiuteayi>t;^m^»/jf 
over  the  colonies,  is  that  fovereignty  conitiiu- 
tionally  ahfolitte  or  limited?  That  ftates  without, 
freedom,  fhoukl  by  principle  grow  out  of  a  free 
ftate,  is  as  impolFible,  as  that  fparrows,  Ihould  be 
produced  from  the  eggs  of  an  eogle.  The  fo- 
vereignty over  the  colonies,  muft  be  *  limited. 
Hejiod  long  fince  faid,  "  half  is  better  than  the 
whole i"  and  the  faying  never  was  more  juftly 
applicable,  than  on  the  prcfent  occafion. 
Had  the  unhappy  Charles  remembered 
and  regarded  it,  his  private  virtues  might 
long  have  adorned  a  throne,  from  which  his 
public  meafores  precipitated  him  in  blood. 
To  argue  on  this  fubjed  from  other  inftances 
of     parliamentary      power,     is    ihifting     the 


emt-'>    ■<.«*<'-•  s,T<*',*( 


*  tt 


ground^  ^ 

Nee  REGiBus  infinha  aut  libera  poteflast  was  the  con- 
ftitution  of  our  G/rm^a  anceflors  on  the  continentp  and  this 
is  not  only  confonant  to  the  principled  of  nature,  of 
i^iBERTY,  of  REASON,  and  of  SOCIETY,  but  hat  always  been 
eftcemed  an  exprefs  part  of  the  com.jc.  x  law  of  Englandy 
even  when  prerogati've  ivas  at  the  higbtji."     1  Blackft.  233. 


97    ] 

ground.  The  connexion  of  the  colonies  with 
En^landy  is  a  point  of  an  unprecedented  and 
delicate  nature.  It  can  be  compared  to  no 
other  tafe;  and  to  receive  a  juft  determination, 
it  murt  be  confidered  with  reference  to  its  own 
peculiar  circumftances.  f  The  common  law  ex- 

.  iH     ',  tends 

f  The  learned  Judge,  [in  Vol.  i.  pag.  107.]  fays  thi$ 
country  was  not  *•  uftinhabiied  when  difco^er'^d  and 
planted  by  the  Englifh,  &c.  but  ought  to  he  confidered 
as  a  conqu^redt  ceded,  or  infidel  country.  Our  American 
plantations  ^xt  principally  of  this  latter  fort,  being  obtain- 
ed in  the  laft  century,  either  by  right  oi coi^que/i  and  dri^v- 
ing  out  the  natives  (with  what  natural  juHice,  I  fhall  not  at 
prefent  inquire)  or  by  trtaties :  and  therefore  the  common 
law  of  England,  as  fucii,  has  no  allowance  or  authority 
there,  they  being  no  part  of  the  mother  country,  but  dif- 
tindt  (though  dependent)  dominions.  They  are  fubjedl 
however  to  the  cojitroul  of  the  parliament.'*  , 

According  to  this  do^rine,  the  colonifts  are  confidered 
in  a  legal  vieixj  by  the  parent  ftate,  *'  as  infideh  or  conquered 
people y*  not  as  her  cnildren  with  her  confent  eftablifhing 
focieties  for  her  benefit.  Though  not  a  fingle  man  of  the 
**  infidels  or  conquered"  people,  fhould  now  be  found  to 
reiide  in  each  col<;ny  j  yet  a  political  contagion  is  com- 
municated to  Englijhmen  in  fecula  ficulorunit  becaufe  /«- 
dians  once  fiihed  in  the  rivers,  and  hunted  in  the  woods. 
If  this  be  their  **  condition,^'  then  according  to  the 
law  laid  down  by  the  judge,  **  they  are  fubjert  not  only 
to  the  contro).!  of  parliament y**  but  the  **  Kinj^  may  alter 
and  impoje  what  laws  he  piea/es."  ^ 

It  is  not  known,  what  the  learned  Judge  means  by  the 
word  **  principally.^*  Perhaps  he  alludes  to  the  '11  direded  hu- 
manity and  jujiice  of  the  firft  fettlers  of  fome  colonies, 
who  purchafed  the  lands  from  the  natives,  for  valuable  a;id 

iatisfoitory 
^  X  fil»c  kO.  107.  afid  the  cafes  tbcic  cited. 


I 


ts* 


..|;|.'*:    -SBm&    - 


X^^v.'. 


"«;  ■*'« 


■■%;*"t'^'**    i'--^^  "^W^ 


C  98  ] 


\  / 


it 


^r 


tends  to  colonies-,  yet  Mr.judice  Blackjlene  fays, 
"  fuch  parts   of  the  law  as   arc  neither  ne<cffa' 


..ii 


'rjr 


fatisfaftory  confideriitions.  It  was  a  very  ufelelefs  exercife 
of  their  virtues,  for  their  pofterity.  If  they  had  hy  accident 
fettled  an.  "  uHtnhabited"  country,  the  invaluable  rights 
'  of  the  common  law  wduld  have  attended  them  ;  but  when 
*hey  dared  to  obtain  a  fettlemcnt  by  humanity  and  jujiice, 
they  J orfeited  all  rights  of  the  common  law,  to  the  Jateft 
ioccccdir.^  ages.  Can  this  be  /aav  F  Every  cafe  quoted 
by  the  Judge,  it  is  humbly  apprehended,  makes  a  dillinc- 

^  tion  between  Hates  or  focieties  compofed  of  Euglifi}  fubjcds, 

atrd  thofe  compofed  of  **  conqucrtd  '   people,  &c.  and  that 

this  is,    the  only  diftindion  warrantable  by  thofe  cales. 

~    That  the  conquerors  fliould  be  confidered  as  the  conquer cdy 

the  expellers  of  the  nati<ves  as  the  expelled  natt<ves,  and  the 

■       thri/lian  poj/ej/hrs  and  OKvners  by  fair  purchajes  from  thofe  lubo 
'^ad  a  right  to  felly  A  £  at  the  infidels  no  longei  pofjejjing  or  oivn- 
ingy   feems  to  involve  a  confufion  of  ideas,  little  agreeing 
with  the  ilrength  of  reafon  that  informs  the  common  law. 
it  is   very    remarkable,  how    our   ablell  antagonifts  are 
perplexed  in  framing  iheir  arguments  againft  us.     Even  the 
learned  judge  does  not  exprefs  himfelf  with  his  ufual  per- 
fpicuity  :  But  the  want  of  it  is  well  atoned,  if  we,  colonics, 
can  be  thereby  deprived  of  the  benefits  of  the  common  lanvy 
and  beabfolutely  lubjeftedto  the>f/«f ;  for /^(f/ic6urtly  tenets 
are  the  only  confequences   deducible  from    the  cuiious  argif~ 
vient  ihat  tends  to  involve  thefe  colonies  in  the  misfortunes  of 
if^  conquered^  cededy  or  infidel  countries. "     The  **  contrcul  of 
parliament,"    is    aflerted    to  be   fupreme,   in   P'.\.ry  cafe. 
Whether  the  colonies  were  fettled  in  "  uninhabited  countries," 
or  in  -?  conquered,  ceded,  or  infidel  counties,"  makes  no 
differenB€-as  to  that  point. 

..-Another  learned  gentleman  has  difcovered,  that  we  "  are 
iiiQt  entitled  to  as  great  a  degree  of  freedom  as  Ireland.** 
Why  ?  '*  Becaufe  Ireland  was  a  ctnqnered  country."  This 
remark  does  not  feem  to  remove  the  difficulty.  Let  us  hear 
the  point  a  litlle  more  explained,     "  Inland  \\  is  true  was 

conquered 


-^ 


^7  nor  conve'iicnt  for  them,  as  the  jiirifdiiftion  oE 
the  fpirituu!  courts,    &c.    are   therefore  not  in 

.  .■    N  2        , .„,     force.",,., 


•I     ,  ) : i 


conquered,  but  certain  conr.ejjiom  were  rradf^to  the  people.  > 
Thefe  were  the  terms  granted  therrij  bot  Eniland  is  obliged 
to  keep  no  terms  with  the  colonills."  At  every  ftep  theftt 
fventlemen  take,  thofe  writers,  who  have  contributed  fo 
much  to  ihe  ^lory  of  their  country,  turn  upon  them,  and 
dircdiy  oppofe  them.  Thev  at  firfl  fhrink  before  thefe  ve- 
nerable advocates  f)r  liberty  and  humanity — but  recol- 
ledlin^  themielves,  they  diltinguifh  and  refine,  in  order  to 
take  away  the  fubftance  of  every  argument,  and  to  whittle 
down  a  Hooker  and  a  Locke  into  a  Lejlrange  and  a 
Filmer.  After  taking  thefe  liberties,  they  at  length 
grow  bo'.d  enough  to  arraign  the  authority  of  any 
man,  even  Mr.  Lockn  himfelf,  if  his  writings  cannot,  by 
ail   this  art,  be  turned  to  their  purpofe. 

We  need  not  bt;  furprifed  after  this,  that  every  colonifl, 
who  ventures  honeflly,  to  allert,  as  well  as  he  can,  the  caufe 
Ct  his  native  land,  Ihould  be  treated  with  little  refped.  The 
colonies,  have  always  been  on  the  defenfi<ve.  It  is  HoyED 
THE Y  WILL  ALWAYS  CONTINUE  SO.  But  the  author  of  **  the 
'  controverfy"  charges  them  with  great  cunning,  a  left  handed 
wifdom,  that  muft  difgrace  any  people — becaufe  they  have 
not  refilled,  in  places  where  they  were  not  immediately  at- 
tacked. *'  It  is  the  artifice  of  the  managers,  on  the  part  of  the 
colonies,  to  avoid  ^^«^rfl/queltions,  and  to  keep  back  and 
conceal  confequences,  leall  the  unfufpeding  people  of  Eng- 
land ^osAA  too  foon  catch  the  alarm,  and  refolve  to  with- 
itand  their  firft  attempts  at  independency. "jj  That  is — they 
have  arted  jult  as  the  '•  unfufpeding  people  of  England" 
have  done  in  their  controverlies  with  the  crown.  T^ey  con- 
fined themfelves  from  time  to  time,  to  a  demand  of  redrefs, 
for  the  injuries  offered  them.  This  behaviour  of  the  colo- 
nills, would,  by  forae  perfons,  be  deemed  modell  and  refped- 
ful.  Now  indeed  the  condud  of  adminiilration  demonilrates 


''J 


■'iiig 


■kUll 


111 


4\i 


m 


II  Pa.' 15. 


to 


r. 


«£ 


li 


■I. 


•5i, 


i( 


lOO 


J 


I-"' 


force."  If  even  the  common  law,  in  force  with- 
in the  realm  of  England  when  the  colonills  quit- 
ted  it,  is  thus  abridged  by  the  peculiar  circum- 
ftances  ot  colonies,  at  leafl  equally  iufl,  and 
Gonftitutional  is  it,  that  the  power  of  mak- 
ing NEW  LAWS  within  the  realm  of  England, 
fhould  be  abiidgcd  with  refi  cdt  to  colonies, 
by   thofe  peculiar  circumftances.  J  The 

to  us,  that  we  muft  enlarge  our  views,  and  cndeavourto  take 
a  profpeft  of  all  the  mifchiefs  necefTarily  attending  a  claim  of 
boundlefs  power  with  an  unbounded  inclination  to  exercife 
it.     The  gentleman  may  perhaps  call  for  fire  and  faggots  to 
extirpate  our  political  herefy ;  but  we  truft,  and  truil  /irfn/y , 
that,  the  fenfeand  generofity  of  the  good  peopl«*of  England, 
will  difcovcr  and  defeat  the  prefent  plan  agaiiiit  /^«r  liber- 
ties, as  they  have  already  fo  many  other  fchemes  of  that  ten- 
dency—  that  they  will  behold   their  dutiful  children  with 
compafljonatc  love,  and  with  juft   indignation  thofe  unre- 
lenting enemies,  from  whom  they  can  exped  no  other  favor, 

"but  that  England  **  iViall  be  the  lall  they  will  devour." 

\  The  author  of  the  controverfy,  in  page  3 1  of  his  work, 

argu's  thus  concerning  the  legiflative  power  of  Great  Britain 

over  the  colonies.     **  The  lands  in  all  the  colonies  having 

**  therefore  been  clearly  fliewn  to  be  part  of  the  dominions 

**  of  Gnat' Britain f  and  the  poffeflbrs  of  them  to  hold  them 

•*  under  authorities  and  titles  derived  from  the  Britijh  ftate,  * 

••  Mr.  Ltcke  would  require  no  other  proof  of  the  right  of  the 

legiflative  power  of  Great-Britain  to  the  obedience  of  the 

polTeflbrs  of  thofe  lands;  for  fpeaking  of  the  manner  by 

which  a  man  tacitly  makes  himfclf  a  fubjedl  of  any  country 

**  or  government,  he  fays," 

[     **  it  is  commonly  fuppofed,  that  a  father  could  oblige 

<*fij  (!i;«<  his  pofterity  to  that  government  of  which  he  himfelf  was 

-f>^  "  **  a  fiibjed,  and  that  his  com  pad  held  them;    whereas  it 

•^it  H \V«*  being  only  a  neceffary  condition  annexed  to  the  land,  and 

if    i  •*  the  inheritance  of  an  eftate,  which  is  under  that  govern- 


(( 


«< 


<« 


Tf.  0/-W 


"  mcnt 


C      XOl      ] 


li 


<( 


<« 


It 


<( 


<( 


*'    The  laws  of  England  with  refpcdl  to  preroga- 
tive, and  in  other  inftanccs,  have  accommodated 

themlclvcs 

**  aient,  reaches  only  thofe  who  will  take  it  on  that  con- 
**  dition,  and  fo  is  no  natural  tic  or  engagement,  bat  a 
"  voluntary  fubnnflion;  for  every  man's  children  being  by 
**  nature   as  free  as  himleif,  or  any  of  his  anceftors  ever 
were,  may,  whilft  they  are  in  that  freedom,  choofc  what 
fociety   they    will  join   themfelves    to,  what  common- 
wealth they  will  put  themfelves  under;  but  if  they  will 
enjoy  the  inheritance  of  their  anceilors,  they  muil  take  it 
"  on   the  fame  teims  their  anceftors  had  it,  and  fubmit  la 
all     the    conditions  annexed   to    fuch    a    pofreflion." 
Whoever  (fays  he  in  another  place)  by  inheritance,  pur- 
chafe,  permiffion,  or  othcrways,  enjoys  any  pare  of  the 
**  lands /3  annexed  to,  and  under  the  government  of,  that 
*•  common-wealth,  muft  take  it  with  the  condition  it  is  un- 
*•  der;  that   is,  offubmitting  to  the  government  of  the 
.    **  commonwealth    under  whofc  jurifdidion  it   is,  as  far, 
**  forth  as  any  fubje£l  of  it.''     page   31       The  ingenuity 
of  the  gentleman  is  here  again  remarkable      Mr    Locie'm 
his  a^th  chapter  on  civil  government  **  Of  the  beginning  of 
^         political  foci<^ties,"  immediatly  before  the  words   abovemen- 
!       tioned  •*  Whoever  by  inheritance,"  &c.  fpeaks  of  a   man 
'     who  '*  unites  his  perfon  which  was  before  iict  to  a   fociety 
for  the  Jtatring   and  regulating  of  property,  and  fubmits  to 
■'       the  community    thofe  pofltJflions  which  he  has  or  <hall   ac- 
quire, that  do  not  already  belong  to  any  other  government." 
Thefe  words  the  gentleman  not  thinking  quite  to  his  pur- 
pofe  tn  this  place f  feparates  from  the  words  of  his  quotation, 
and  fo  gives  Mr.    Lockers  conclufion  without  his   premitTes. 
However  three  pages  after,  he  is  fo  candid,  as  to  give  the 
premifles  without  the  conclufion.     How,  or  why  ?  Jo   fup- 
'-'-       poi*t  this  moft  curious  dillindtion,— that  Mr.  Zu-i^,  in  that 
'  i.    celebrated  part  of  his  argument  where  fpeaking  of"  go- 
•^'»s       vernment  taking  the  property  of  fubjeds,"  he  fays  "What 

fit:"''      JPROPERTY    HAVE  I  IN   THAT,    WHICH  ANOTHER  MAY    BY 
■    ^ft,i.  RIGHT 


if 


f 


102 


] 


themrdves,  without  alteration  by  (latutes   to  a 
change  of  circumltanccs,  the  welfare  of  the  people 

lo 


■\WA»^\^Vv\     :>i\' 


'\%-^-:\\  ' '   ^nMWi''.;'A 


iV  .,(1,1    in 


RIGHT     TAKE   FROM  ME     WHEN  HE    PLEASES,"    f  "    means 

no  more**  than  that  the  fuprcme  legiflative  power  has  no 
right  to  take  the  property  of  others  vvithout  their  confent 
"  for  the  PRIVATE  use  or  purpose  of  the  Icgiflative." 
So  that  according  to  this  conflruftion,  the  conftitution  of  a 
Hi"  well  eftablilhed  governnacnt,  or  the   freedom  of  a  people, 

depends  not  or  the  great  right  which  God  has  given  them 
*'  of  having  a  fliare  in  the  government  of  therafelvcs," 
whereby  their  property  is  fecured,  but  merely,  on  the 
**  purpo/e,"  to  which  the  property  taken  from  them  with- 
out their  confent  is  «////<?</ by  thofe  who  thus  take  it.  And 
^  yet  this  gentleman  has  fevePely  attacked  the  writer  of  the 

letters,  for  ufing  the  word  **  purfofe*  in  a  much  mere  cott' 
Jint^kvikt  in  l«'i)ing.  a  *'  tax  is  an  impofition  on  the  fub- 
jed  for  i\\e /ole purpoje  0¥  levying  money."         ■'»   "  •'*"'' 

■w^,  Mr.  Locke,  in   the  preceding  chapter,  fpeaking  of  mo- 

narchy ("ays,  *•  thatabfolute  power  purifies  not  mens  bloods. 
For  if  it  be  aflced  what  fecurity  or  fence  arifes  infuchajiate, 
againll  the  violence  and  opprtlfion  of ' the  ai/olute  ruler?  the 
very  qucftion  can  fcarce  be  borne.  They  are  ready  to  tell 
you   it   deferves   death,   only    to  afk  after  fafcty.     Betwixt 

I5ji  fubjeft  and  fubjedl  they  will  grant  there  mud  be  meafures, 

laws  and  judges  for  their  mutual  peace  and  fecurity  :  But  as 
ioT  the  ruler,  he  ought  to  be  ahjolute,  and  is  abcve  allfuch  cir- 
cumjlancei ;  becaufe  he  has  power  to  do  more  hurt  and  wrong, 
'tis  right  when  he  does  it.  To  afk  how  you  can  be  guarded 
from  harm  or  injury  on  that  fide^  where  the  ftrongeft  hard  is 
to  do  it,  is  prcfently  the  voice  of  y<2c.7/o»  and  rebellion?* 
But  here  our  opponent  may  come  in  with  another  diftinAi- 
on.  **  Mr.  Locke  fpeaks  here  of  an  ahfolute  ruler,  not  q{  ab- 
folute  rulers.  Lilly  proves  that  there  is  the  fingular  number, 
and  the  plural  number.  A  power  that  Mr.  Locke  would 
have  held  illegal  in  a  Pijijlratus  or  a  ttuarXy  he  v;ould  have 

i'- .     "'  ♦•      ^'-•. -,  -, ,,.  f       held 


t  Ti,  33. 


k'' 


\ 


E   ^03   3  .    . 

fo  requiring.  A  regard  for  that  grand  objedl  ['■^r' 

pccudlly  :, ,, 


•>.\,ii~)-'t<'-  ■->'l »  ir-> "I  u. '!•♦>''     v(h  r, '.M'(<)iJ^frii 


held  legal  in  the  fcur  hujidred  o?  Athens^  or  the  parliament 
of   Great  Britain*''     Let  the   diflindtion  be  allowed  its  due 
weight.     Can  it  be  believed  that  fuch  a  friend  to  mankind, 
as    Mr.  Locke  \vn%t  could  ever  think  ^//yo/z//^   dominion   J  juft 
or  legal?   Would  not  fuch  a  fentiment  diredly  oppofe  thofe 
principles,  his  benevolence  'udi'ced  him    to  take   fo  much 
pains   to   vindicate  and  ellablifh  ?   Would  the  found  of  the 
words — •*  dependance — "   '•  fubordination  — "    **  withirt 
the  realm — "  *'  part  of  the  dominions — "  &c.  have  convinc- 
ed him,  that  it  was  *•   the  indii'penfable  duty  of  parliament 
to  eafe    the  gentry  and  people  o^  Great -Britain   by  taxing 
the    colonilh  without  their  confent?" — and   that  it  was  the 
indifpenfable  duty    of  the    colonirts  on  conjiituiional  princir 
pies  to  fubmit  to  fuch  taxation  ?  The  learned  fay  that    the 
too  rigid  attention  of  the  mind  to  one  idea  fometimes  is  the 
caufe  of  ma  inefs.     So  rigid  has  been  the  attention  of  many 
heads   in  Great- Britain  to  the   idea  of  dcpenhance^  that   it 
feems  to  have  cccafioned  a  kind  of  infanity  in   them  j    and 
by  ruminating,  fpeechifying,  and  enabling   about    it  and 
about  it,  they  have  loft  all  ideas  of  jullice,    humanity,  law 
and  conftitntion,  and  in  fhort  of  every  quality  that  ufed  tp 
dillinguirti  men  from  the  reft  of  this  creation,  zxi^  Englijh- 
men   from  the  reft   of  mankind.     But   Mr.  Locke* %  under- 
Handing,  even  in  the  prefent  whirl  of  the  political  world, 
would  have  preferved  him,  juft  and  tenacious  of  his  princi* 
pies.      The  cafe  he  puts,    and  on   which   the  author  of 
*•  the  controverfy"   argues,    is   that  of  a  fubmljfion  to  the 
arms  of  government  in  a  common-nveallb.     The  queftion    be- 
tween Great-Britain  and  the  colonies,  is,  ivhat  are  the  terms 
of  their  connexion  under  all  the  circumftances  of  it. 

It  is  not  rccollefted  that  Mr-  Locke  ever  infinuates,  that 

.  the  parliament  of  Great-Britain  might  bind  the  people  of 

.^f^'nij-':  u /-lAr-'r^v'  ,:  ,  ^vWi         Ireland" 

,   *  ♦*  Ah/olute    domhison    however    PLACED,  is'fcl  'fa*  fwm 
hein^    one  kind  of  civil  fc:':t!y,  that  it   is  as  inconjiftent  with  it,  as 

Locke  on  civil 


'(I 


'1 

■  ii 

m 


Jlavcr)  is  with ^roPertv. 


gOYrt.  p. 


[     104     T 

peiually  animates  the  conftitution,  and  regu- 
lates all  its  movements— unlels  unnatural  ob- 
(Irudions  interfere-—    "      '      'i-u.'-ih  miht"^/' 

*'  Spirit  us  intus  nVtt^  totaniqi^e  infufa  per  art  us 
•*  Mens  ogitat  mokm,  £ff  magno  fe  corpore  niifcet.'** 

I  ■  K  '  \ 

:  •  ..  \ 

Another    •* 


:,  «■' 


III 


■r 


■(  -' 


.)"♦ 


Ireland  by  ftatutes,  *'  in  all  cafet  nKhatfwver .**  Yet  tlierii 
was  in  his  time  a  famous  dii'pute  concerning  the  authority 
of  parliament  over  that  kingdom.  So  far  was  he  from  fa- 
vouring the  claim  of  parliament,  tliai  it  is  hoped,  it  can 
clearly  be  proved,  he  favoured  the  oiher  fide  of  the  quellion. 

His  fiiend  Mr,  Molineux,  in  a  letter  dated  Marc/?  ij, 
i'S(,7-8,  tells  him  of  his  intentions  to  vifit  him--~when  he 
coold  gel  loofe  from  bufincfs  :  *'  But  this  I  cannot  hope  for 
till  the  parliament  in  England  rifes.  1  fhould  be  glad  to 
know  from  you  when  that  is  expeifled,  for  indeed  they  bear 
very  hard  upon  us  in  heland.  How  juftly  they  can  bind 
us,  <wuhcut  our  conjent  and  reprejentati'ves,  I  leave  the  author 
©f  the  two  treatifes  on  government  to  confider" — meaning 

Mr.  Locke' ^  two  treatifes — one  on  government the  other 

on  civil  government;  tho'  they  are  publilhed  alfo  as  one. 
treatife,  the  firft  book  of  which  is  under  the  firil  title,  and 
the  fecond  book  under  the  fecond  title.  „..  ,, 

Mr.  Loch,  in  his  anfwer  dated  April  f^  1698,  fays, 
*'  amongft  other  things  I  would  be  glad  to  talk  with  you 
about,  before  I  die,  is  that  which  you  fuggeft  at  the  bottom 
t)f  the  firil  page  of  your  letter.  I  am  mightily  concerned 
for  the  place  meant  in  the  queftion  you  fay  you  will  afk  the 
author  of  the  treatife  you  mention,  and  <wijh  extremely  luell 
to  it,  and  would  be  very  glad  to  be  informed  by  you  ijuhat 
"-Mould  be  bejl  for  it,  and  debate  with  you  the  way  to  com- 
pofc  it:  But  this  cannot  be  done  by  letters;  the  fubjefl  is  of 
too  gr(;a(  extent,  the  views  too  lar^e  and  the  particulars  too       ^, 

\)^^^:^f&m^i^^^^v^miiil^^ms:^:l    .:'^^^ii'^    .,ium:^.    ^^^Y       #;.;^ 

!'  '  ''."i^^vii.'^!^;.   te,,^   ^i(-,,  „.     -i.vi»f^.v4''^   3:'A*;agS  ■5Ri.H''T  ^►»v;^:,'i»..  ■ 


\y^.'  k 


C 


ids 


1 


Another  argument  for  the  extravagant  pow- 
er of  internal  legiflation  over  us  rcmains.  It 
lias  been  urged  with  great  warmth  againft  us, 
that"  precedents'"*  fliew  this  power  is  rightfully 
veiled  in  parliament. 

SuBMissio?^  to  unjufl  fentenccs  proves  not  a 
right  to  pafs  them.  Carelefsnefs  or  regard  for 
the  peace  and  welfare  of  the  community,  may 
caufe  the  fubmilTion.  SubmifTion  may  fome- 
rimes  be  a  lefs  evil  than  oppofition,  and  there- 
fore a  duty.  In  fuch  cafes,  it  is  a  fubmifTion  to 
the  divine  authority^  which  forbids  us  to  injure 
our  country  j  not  to  the  offiimed  authority^  oh 
which  the  unjuft  fcntences  were  founded.  But 
when  fubmiflion  becomes  inconfident  with  and 
deftru6live  of  the  public  gocd^  the  fame  venera- 
tion for  and  duty  to  the  divine  anther ity^  com- 
mands us  to  oppofc.  The  all  wife  Creator  of 
man  imprefb  certain  laws  on  Ills  narurc.  A  de- 
fire  of  happinefs,  and  of  fociety,  are  two  of 
thofe  laws.  They  were  not  intended  to  deftroy, 
but  to  fupport  each  other  Man  has  therefore  <i 

O  right 


•^.*Virj»!< 


manytobefo  managed.  Come  r-&^r^r#  yourfelf,  and  torn* 
as  luell prepared  ai  you  can.  But  if  you  talk  with  others  on 
that  point  there,  mention  not  me  to  any  body  on  that  fuhjeS ; 
only  Xtiyou  and  /  try  luhat  goodnvt  can  do  for  thofe  luhom  nvi 
nxnjb  nvell  to\  great  things  have  fometimcs  been  brought 
about  from  fmall  beginnings  nuelt  laid  together ^ 

Mr.  MoUneux  quickly  after  came  over  from  Ireland  to  Rng' 
land  to  fe«  Mr.  Locke. 


*4» 


'\ 


v 


0 


|!H 


ii 


:  hi' 

% 


h* 


;■;■ . 


% 


157^11  'jH,^tio  liviii  pjnjb'jj^-q  lufli  ,?.}  tiifij — '.'{ok 


L     106    J 


.i:JVn'.)^.:J  liVi.ii  (,>!• 


u  .*.t* .. 


.  iUMui  \y,i\'n\  [i:.i 


right  to  promote  the  ^/?/?  union  of  both,  in  order 
to  enjoy  both  in  the  higheft  degree.  Thus, 
while  this  right  is  properly  excrcilbd,  dcfires, 
that  feem  felfijh^  by  a  happy  combination,  pro- 
duce the  welfare  of  others,  "  This  is  remov- 
ing fubmiflion  from  a  foundation  unable  to  fup- 
port  it,  and  injuriousto  the  honor  of  God,  and 
fixing  it  upon  much  firmer  ground."* 


•'(» 


,-,'(;.(    4\.<- 


l.«  i. 


No  fenfible  or  good  man  ever  fufpcded  Mr. 
Hooker  of  being  a  weak  ovfatUous  perfon,  "  yet 
he  plainly  enough  teacheth,  that  a  fociety 
upon  experience  of  univerfal  evil,  have  a 
right  to  try  by  another  form  to  anfwer  more  ef- 
fetoally  the  ends  of  government" — And  Mr. 
^oadley  afks — *'  Would  the  ends  of  government 
be  deftroyed  fhould  the  mifcrable  condition  of 
the  people  of  France^  which  hath  pro- 
ceeded   FROM    THE    king's    BEIiVG    ABSOLUTE, 

awaken  the  thoughts  of  the  wifeft  heads  a- 
y^  mongft  them  ;     and  move  them  all  to  exert 
themfelves,  fo  as  that  thofe  ends  fhould  be  bet- 
ter anfwered  for  the  time  to  come  ?" 


hi 


What  mind  can  relifh  the  hardy  propofition, 

that  becaufe  precedents  have  been  introduced 

|,,by  the  inattention  or  timidity  of  fome^  and  the 

^  cunning  or  violence  of  otherSy  therefore  the 

latter  have  a  right  to  make  the  former  mifer- 

able    , 
•  Ht)adly's  dift,  on  government. 


m,    ':■ 


1.    '»oy    J 

able — tliat  is,  that  precedents  that  ought  never 
to  liavc  been  fct,  yet  being  fct,  repeal  tlie  eter- 
nal laws  of  natural  jullice,  humanity  and  equity.* 

The  argument  from  precedents  begins  un- 
Auckily  for  its  advocates.  The  frfl  produced 
againit  us  by  the  gentleman  before  mentioned, 
was  an  a6l  palled  by  the  Commonwealth  parlia- 


|l^"V 


M'  iM'i! ' 


O    2 


'Ta 


•**  I  could  never  think 


ment 


ct 


r 


o 


(( 


<c 


Y  r^ 


A  mortals  law  of  power  or  ftrength  fufficient 
♦«  To  abrogate  the  unwritten  law  divine. 
Immutable,  eternal,  n  t  like  thefe 
Qi ycjhrday^  but  made  e'er  time  began."  ^.   ,^ 

Sophocles's  Antig,  Frank,  TratiJI.  ' 
"It  (hould  be  confidered,  whether  it  ever  was  or  ever  can 
be  the  true  incereft  of  a  kingdom   or  (late  to  violate   the 
laws  of  natural  juflice,  equity  and  humanity.     Thefe  laws 
may  be  called  the  laws  of  God.  Can  they  be  broken  with 
impunity  ?  The  fcriptures  arc  full  of  leffons  on  this  fubjeit, 
and  hiftory  furnilhes  inftances  fufficient  to  alarihoppreflbrs, 
if  they  would  atiend  to  them.  All  the  glories  of  Charlesthe 
hold,— C /jar ks  the  fifth, — P/jiIi/>  the  fecond, — Charles   the 
twelfth, — Lezvis  the  fourteentii, — and  a  numerous  lift  of 
diftinguilhed  princes,    were  overcall,    when  unrelenting 
cruelty  came  to  prelide  over  their  refolutions.    From  Athens 
to  Genoa  the  obfervation  holds  true.     Let  not  the  opiniort 
be  condemned  as  prcfumptuous,  before  it  be  fully  enquired 
into.     It  is  worth  an  enquiry. 

*•  Difcite   juititiam  moniti    &  non   temnere    divos.'* 

England  Ivia  been  profperous  in  many  civil  wars,  but  they 

were  in  defence  of  liberty.     She  never  engaged  in  one  a- 

gainft  liberty. — Would  to  Heaven,  (he  would  fet  the  world 

'    the    much  wanted  example    of    lenity    in    government. 

:    Mankind  might  gain  by  it.    The  other  mode  has  been  fof- 

-    fikiently  tried,  and  proved  to  be  impolitic  and  ruinous. 


3i 


wrmmm 


!,:. 


I    ii"'auft'  J 

^'^'^Wer^!  in  1650  to  "  pitnilh*'  yir^inia  f,  BarliaJos^ 
f\^i^^j4ritfgua^  and  Bermudas,  for  tiieir  FiDBLnv 
2'jjnij.Q  Charles  the  Second.  .9y  mitieni  is  the 
Miy.,V/??/  of  parliament  to  **  puniJJj'  (  olonills  for 
^'  dbittg  their  dut).  But  tlie  parliament  had  before 
overturned  church  and  throne^  fo  that  there  is 
^     an  older  **  precedent**  ^"et  againil  thefe.  <'•'"? 

1    ',     That   parliament  fat  amidfl:  tlie  ruins  that 

furrounded  it,    fiercer  than  Alarm  among  thofe 

of  Carthiige.     Brutal  power  became  an  irrefif- 

"*'    tiblc  argument  of  boundlefs  riglit.     What  the 

'^'    ftyle  of  an  Arijlotlc  could   not  prove,  the  point 

''    of  a  Cromweirs  fwortl  fufFiciently  demonltrated. 

''    Innocence  and  Juilice  fighed  and  fubiDitted — 

*' -'What  more  could  they  do?    The  Reltoration 

'  'took  place,   and  a  le^al  parliament  v/ould  not 

'    doubt  but  it  had  as  extenAve  a  right  as  an  ilk' 

*  gal  one.  The  Revolution  fucceeded,  and  v/it!i 
r  it  methods  for  blending  together  the  powers  of 
'    king  and  people  in  a  manner  before  unknown. 

•  A  new  political  alembic  was  fixed  on  the  great 
.   principle  of  refiftance,  and  in  it,  feverc  experi- 
ments were  to  be  made  on  every  other  principle 
of  the  conftitution.     Hov/   the  holdnefs  of  mini- 

ono  b.ubi'/fh<i!  itv  n:.>:i  -yyii.-i  Vjfii  tf     .vji    Jlers 

fro  f' This  loyal,  generous  colony  pre&rved  its  principles 
^ith  Aich  fpirit,  notwithllanding  the  oppreflion  abovemen. 
tioned,  ii^^xxn  January  1659,  they  threw  ofFall  obedience 
""  to  the  parliament,  replaced  the  kings  governor,  and  pro- 
claimed Cbarlts  the  fecond,  feveial  munths  before  the  rcllo-  ■ 
racio^i  yn  £«r(>/^  *  ..  ,   '      t 


m 


I  n"y  J 


,1  fters  &  eontempi  of  the  people  have  liirrcafcd  fincc 
V    that  pcno.i,  n:)t  a  man  the  Icalt  ucijuaiiital  with 
.)\    En^lijh  \\\[\oxy  can  be  ifrnorant.     '1  he  Colonics 
were  in  a  (late  of  infai)cy — Hill  in  a  Hate  of  chikU 
,    hooil.     Not  a  fuiy;lc  Itatutt'  conccrninjy  them  ir. 
recollcdetl  to  h^ve  been  pall  b';fc)r<?  the  Revolu- 
tion,   buc  fuch  as  relatevl  to  tlv.*  re«:ulation  of 
trade.      "  Precedence"  v/ere  afterwards  mad<?, 
that,  wli'jn  they  ^?;rew  u^"),   the  authority  of  a 
fmfier  mi2;ht  fuccjed  thr.:  of  a/'.7r^;;/.'''^'nij|t 


)!• 


A..    .  -N 


•y  ■     Pri:c:::)i:>jtc;,  it  h  apprehended,  arc  noother- 
.    wife  regarded  in  th.e  Eh'jUI!}  laws  than  as  they 
,    eitabiilh  certainty  for   the   dunefit   of   thb 
I'EOPLi: — according  to  the  maxim — "  niiferable 
,     is  the  fervitude  when  the  laws  are  uncerfain.** 
>   Precedents  militating  again(l,the  v/elfare  or  hap- 
pinefsof  a  people,  areinconfiltcnt  with  tTie  grand 
original  principle  on  v/hich  they  ouglic  to  be 
founded.     'I'heir  fuppofcLl  fancLion  encrcafes  in 
proportion  to  the  repetiticnj  of  inJAifhice.     They 
,   muil  be  void.     In  fiibjcit.]  of  dif|.)ute   between 
man  and  man,  precedent  may  be.  of  ufc,  though 
^  not  founded  on  the    bell  reafon.     Tiiey  caufe 
a  certainty,    and  all  may  govern  themfelves  ac- 
cordingly.    If  they  take  from  an  individual  one 
.  day,  they  may  give  lo  him  i\v^.  ne::t.     But  pre- 
/^cedents  to  oY^nhco^N principles,  to  juitify  tlie^^r- 
/>f/«^/ opprefiion  of/?//,  and  to  impmr  tb:  power 
of  the  covjliiutioHy    r]iough-a  cloud  of  rhem  ap- 


t-lS 


W 


)  -(II 


:f' 


pear. 


L    110   J 

pear,  have  no  more  force  than  the  volumes  of 
diift  :hat  furround  a  triumphal  car.  They  may 
obfcure  it :  They  cannot  (lop  it.  What  would 
the  liberties  of  the  people  of  England  have  been 
at  this  time,  if  precedents  could  have  made  laws 
inconfiftent  with  the  conftitution  ?  Precedents 
tending  to  make  men  unhappy,  can  with  pro-- 
priety  of  chara6t:er  be  quoted  only  by  thofc  be- 
ings, to  whom  the  mifery  of  men  is  a  delight. 


W 


l!>"'. 


Wi 

k 


n 


>■'■.■■ 


tl 


m 


"  If  the  ufage  had  been  immemorial  and  uni- 
form, and  ten  thoufand  inftances  could  have 
been  produced,  it  ^yould  not  have  been  fuffici- 
cnt ;  becaufe  the  practice  muft  likewife  be 
agreeable  to  the  principles  of  the  law^  *  in  order 
to  be  good  :  whereas  this  is  a  practice  inconfift- 
ent with,  and  in  dired  oppofition  to  the  frji  and 
cleareft  principles  of  the  law"  ■\ — to  thofe^W- 
ings  of  humanity^  out  of  v/hich  mankind  will  not 
be  reafoned,  when  power  advances  with  gigantic 
ftrides  tnreatening  difiblution  to  a  ftate — to 
thofe  inherent  though  latent  powers  of  fociety^ 
which  no  climate^  \\  no  time^  no  conftitution^  no 
(ontra5iy  can  ever  defti  oy  or  diminilh."  J    '^ '   * 

•  This  is  a  maxim  of  law,  that — **  a  bad  ufage  ought 

to  be  abolifhed."*  . 

*^  't  Letter  on  general  warrants.—      ^^^^  ,^-,^  ^^i  t  ah 

ajA(  ,  Blackftonep.  245.  .        ,,   ,     .,.,..•,«* 

-s  .'II  Equal   distribution   of   justice,   and  freI 

-JENJOYMBNT  of  PROPERTY,  ^YttYiQ great  objcfts  oi  focii- 

^  y  j^^mtiiife^   precedent  t  ft  at Ht€t  or  inftitution-,  fhouM 


:>VJ 


'itqflpL* 


liU 


t!£r.. 


ki 


u 


Si 


vbr>li{<;MOtj 


'iXnx>U 


deter 


X)l 


.V  ''' 


•(iiUU-fi.     -j^'i-'ni 


fii-g-u    3lOii»v  ^ii/  VO 


£•  :id3  .k:fth-i  »f^  \ii^  *^J^ 


Wii 


Ayij;i34  3^3  ^"*iJi  J^^J  ^i-inm. 


«% 


TT7T 


""■"'"WSlll 


#% 


to  ?f>fiu>Iov  o.flf  ninli  y.n<y'    'iuym  on  -r/r.r,  (iii^jq 

■  A  PARLIAMENTARY  powcF  of  internal  legijla- 
Hon  over  thcfe  colonies,  appears  therefore  to  us, 
equally  contradidory  to  humanity  and  the  cort- 
ftitution,  and  illegal.    "   '''''''  **"       ...  .^...^.u^i 

. .  As  to  the  fecond  head,  a  power  of  regulating 
oiir  trade,  our  opinion  is,  that  it  is  legally  veiled 
in  parliament,  not  as  a  fupreme  legiQature  over 
thefe  colonies,  but  as  the  fupreme  legiflature 
and  full  reprefentalive  of  the  parent  ftate,  and 
the  only  judge  between  her  and  her  children  in 
commercial  interefts,  which  the  nature  of  the 
cafe,  in  the  progrefs  of  their  growth  admitted. 
It  has  been  urged,  with  great  vehemence  againll 
us,  and  feems  to  be  thought  their  fort  by  our 
adverfaries,  "  thatapowerofregulation  is  a  pow- 
er of  legillation,  and  a  jpower  of  legillation,  if 
'*  ,.       .  ^  conflitutional, 


ri\-^  \n\SS\i 


{ietir  men    from    keeping    the/e    uppermost   in    their 
thoughts."  Mr.  Humesh  hill,  of  England,  ^^^^..^ 

**  The  jurfdidion  of  the  ftar  chamber,  martial  law,  im- 
prifonment  by  warrants  from  the  privy  council,  and  other 
practices  of  a  like  nature,    ihough   ejiablijhed  for  fe'veral 
€entMries ;  were  fcarce  ever  allowed  by  the  Englijh  to  be 
parts   of  their  conftitution  :  the    affection    of  thb 

NATION   FOR   LIBLRTY  STILL     PREVAILED     OVER     ALL 
i»REC£DENT,    AND  OVER  ALL  POLITICAL   REASONING  : 

The  exercife  of  i^tiz  powers,  after  being  long  the  fource 
of  fecret  murmurs  among  the  people,  was,  in  fulnefs  of 
time,  folemnly  aboUfhed,  as  illegal,  at  leall  as  oppreffive, 
by  the  whole  legillative  authority."  id.  To  thefe  in- 
ilances  may  be  added,  the  late  pradlice  of  general  war- 
rants, that  had  the  iaaftion  of  precedents,  even  fines  the 
revolution. 


*  ■ 


6..+. 

if 


t 


I* 


Wi 


,W«i^<i 


■'^;'''" 

^ 

^l 

>iu.- 

112 

»5»  ■■ 


^l%^^d^'m%  % 


conftitutional,  miift  be  univerlal '  and  Aipi^^lnl^* 
in  the  utmoll  Icnfe  of  the  words.     It  is   thcl-e^"^'^ 
tore  concluded,  that  the  colonifts,  by  acknow-' 
ledging  the  power  of  regulation,  have  acknow^' 
ledged  every  other  power."     On  this  objedion'"- 
we  obferve,  that  according  to  a  maxim  of  lav/, " 
*'  it  is  deceitful  and  dangerous  to  deal  in  gene- 
ral propofitions."     The  freedom  and  happincfs 
of  flates  depend  not  on  §  arlful  argument s^  but 
"  ■/'"  '      .    '  ■         on     '"-'[ 

§  Our  chance  of  fuccefs  would  be  flight  indeed,  if  it 
depended  on  ("ubieties  of  reafoning.  Who  can  refift  the  ikil- 
ful  and  courageous  attacks  of  thofc  Britons,  who  have  not 
long  fince  diftinguifhed  themfeives  in  the  polemical  fields  ? 
Have  they  not />7?i;^i/ to  the  fatisfadion  of  thoufands,  the 
non  exiftence  of  matter — the  neceifity  of  human  aftions—- 
confequcntly  the  in.iocence  of  ihem — the  comfortable  mor-.  . 
tality  ofthe  foul — that  virtue  is  a  name — vice  a  jell — liber- 
ty a  nonentity — chiilHanity  an  impofture — and,  \vith  due 
detv=:ftation  be  it  mentioned ;  that  we  have  no  ^dea  oi po^wer^ 
nor  of  any  Being  endowed  with  any  power,  much  less 
of  one  endowed  with  infinite  power  :  " 

With  explofions  of  learning  and  flalhes  of  wit,  thefe  welt 
trained  troops  would  keep  up  a  terrible  fire  of  artillery  and 
fmall  arnis  againll  us  undifcipUhed  Americans.  We  mult 
not  meet  them  in  the  fnock  of  battle.  That  would* 
BE  MADNESS  IN  THE  EXTREME.  We  mult  make  the  mofl 
of  our  natural  aivan-ac;es. — — ^['here  we  are  fafe  ;  and  all  ^ 
the  forces  that  can  be  brouglit  to  the  afTault,  will  never 
be  able  to  prevail  againll  us.  To  drop  the  metaphor. 
**  Inquiry  ccafes  to  be  rational,  and  becomes  b-^th  whim- 
ficfll  and  pernicious,  when  it  advances  as  far  as  feme  late 
authors  have  carried  it,  to  coutrovert  the  flrll  prihciplcs  of 
knowledge,  morality,  religion,  and  confequently  the  fiin-* 
damentai  laws  of  the  Britijh  government,  and  of  all  well 


regulated  fociety." 


Mr.  Meattie  on  truth. 


'fmpw^finijB^ 


F    ^13   ] 

on  a  few  plain  principles.    The  plaufible  appQ^r- 
ance  of  the  objedion  confiUs  in  a  ronfufed  com- 
prehenfion  of  feveral  points,  entirely  diftinft  irf  ♦j^; 
their  nature,  and  leading  to  confequences  diredt-    4, 
\y  oppofite  to  each  other.     The^e  was  a  timcj  h,  i 
when  England  had  no  colonies.     Trade  was  theU4. 
objedt   Ihe  attended  to,  in  encouraging  them,-''^ 
A  love  of  freedom  was  manifeilly  the  chief  mo-  '  ^' 
tive  of  the  adventurers.     The  connexion  of  co- '   '" 
lonies  witii  their  parent  ftate,  may  be  called  a     ' 
new  objedt  of  the  Englijb  laws.  That  her  right      ' 
extinguilhes  all  their  rights, — rights  effential  to 
freedom,  and  which   they  would  have  enjoyed, 
by  remaining  in  their  parent  ftate,  is  offenfivc  to      s 
reafon,  humanity,  and  the  conllitution   of  that 
ftate.  Colonies  could  not  have  been   planted  on      ' 

i^efe   terms.      What   Englijbman,  but  an  ideot,' 
would  have  become  a  colonifl  on   thele   condi- 
tions ?  to  mention  no  more  particulars,  ''  That 
every  fhilling  he  gained,  might  rightfully  be  ta- 
ken  from  him — trial  by  jury    abolifhed — ti*  . 
building  houfes  or  making  cloths  with  the  mate-  ^^ 
rials  found  or  raifed  in  the  colonies  prohibited— *'■;;' '^;' 
and  armed  men  fet  over  him  to  govern  him  in, 
every  a6lion  ?",  .         P     .^.^,      _     Had 


'  It  has  been  aflerted  by  fome  men  diftinguiftied  as  hifto-.>;  -0^ 
rians,  that  the  zeal  of  the  reformers  in  religion  engaging:^;  a^, 
them  to  think  liberally  on  that  fubjedl,  led  them  tJ  thinK .  ."^^vaft. 
with  like  freedom  in  civil  affairs,  whereby  the  government  _^ 
of  England  TQCtvrtd  its  greateft  improvement.  If  the  icn-  "^ 
timent  is  jufl,  may  it  not  be  inferred,  that  contempt  for  re-  ^5^ 
-ligioii,  mull  neceflarily  introduce  an  indifference  for  all  dii*»^ ■'**** 
j  'ill  riUes  of  government  &  the  principles  of  the  conilitation  ^pt^isnti 


.■^1 


-.*•.*>. 


.;^<,1.'     ■.-.•H,   t  *.J^ii**iJ^ 


f^i'.! 


l& 


i    "4    1 

Had  thefe  provinces  never  been  fettled — had 
til  the  inhabitants  of  them  now  living,  been 
born  in  England^  and  refident  there,  they  would 
now  enjoy  the  rights  of  Englijhmeny  that  is,  they 
would  be  free  in  that  kingdom.  We  claim  in  the 
cflonies  thefe  and  no  other  rights.  There  no  other 
kingdom  or  ft  ate  interferes.  But  their  trade, 
however  important  it  may  be,  as  the  affairs  of 
mankind  are  circumftanced,  turns  on  other 
principles.  All  the  power  of  parliament  cannot 
regulate  that  at  their  pleafure.  It  muft  be  regu- 
lated not  by  parliament  alone,  but  by  treaties  and 
alliances  formed  by  the  king  without  the  con- 
isENT  OF  THE  NATION,  with  Other  ftatcs  and 
kingdoms.  The  freedom  of  a  people  conjijis  in 
leing  governed  by  laws^  in  which  no  alteration 
can  be  made^  without  their  confent.  Yet  the 
wholefome  force  of  thefe  laws  is  confined  to  the 
limits  of  their  own   country.     That  is,  a  fu- 

'  preme  legillature  to  a  people,  which  ads  inter* 
nally  over  that  people,  and  inevitably  implies 
ferfonal  zStnty  reprefentation^  oxjlavery.  When 
an  univerfal  empire  is  eftablilhed,  and  not  till 
then,  can  regulations  of  trade  properly  be  cal- 
led,  a6ls  of  fupreme  legiflature.     It  feems  from 

*^  many  authorities,  as  if  aimoft  the  whole  power 

^6f  regulating  the  trade  of  England  was  original- 
ly veiled  in  the  crown.    One  reftridbion  appears 

^to  have  been,  that  no   duty  could  be  impof- 
without  the  confent  of  parliament.     Trade 
m(^:-  was 


i , 


T 


•» 


;r 


was  little  regarded  by  our  warlike  anceftors.    Ar, 
commerce  became  of  more  importance,    duties, 
and  feverities  were  judged  neceflary  additions  to 
its  firft  fimple  (late,   parliament  more  and  more 
interfered.     The   conftitution  was  always  free, 
but   not   always  exadlly  in  the   fame  manner. 
"  By  the  Feodal  law,  all  navigable  rivers  and 
havens  were  computed  among  the  Regalia,  and 
were  fubjed  to  the  fovereign  of  the  ftate.     Arid 
in  England  it  hath  always  been  held,  that  the 
king  is  lord  of  the  whole  Ihore,    and  particu- 
larly is  guardian  of  the  ports  and  havens,  which 
are  the  inlets  and  gates  of  the  realm  :  and  there- 
fore, fo  early  as  the  reign  of  king  John,  we  find 
(hips  feized  by  the  kings  officers,  for  pitting  in 
at  a  place  that  was  not  a  legal  port.     Thefe  le- 
gal ports  were  undoubtedly  at  firft  affigned  by 
the   crown  *,  fmce  to  each  of  them  a  court  of 
portmote  is_  incident,  the  jurifdidion  of  which 
muft  flow  from  the  royal  authority.     The  erec- 
tion of  beacons,  lighthoufes,   and  fea  marks  is 
alfo   a  branch  of  the  royal  prerogative.    The 
king  may  injoin  any  man  from  going  abroad, 
or  command  any  man  to  return.    The  powers  of  ; 
eftabhlhing  public  marts,  regulating  of  weights 
and    meafures,    and    the  giving  authority  to, 
or  making  current,  money,  the  medium  of  com* 
.  merce^  belong  to  the  crown.     By  making  peace 
"or  war,    leagues,  and  treaties,    the  king  may 

,     P  2  opea 


ll 


I- 


m. 

5- 

'  If. 

►  I.. 


m 
m 


^  «  .'  t  4?  *-    ri  M    IH   I 


n6    3 


J  Open  or  flop  trade  as  he  plcafcs.  The  admiralty 
ixourts  are  grounded  on  the  necefTity  of  fupport- 
ing  a  jurifdidioa  fo  extenfive,  though  oppofite 
to  the  ufual  dodlrincs  of  the  common  Uw.  The 
.  laws  oi Oleron  were. made  by  Richard  the  firll, 
V  and  are  dill  ufcd  in  thofe  courts."  In  the  "  Marc 
■  caufum",     arc    fcveral    regulations    made    by 


1 


'\ings 


^■«i  ■'>*'•' 


Time  forbids  a  more  exaft  enquiry 


^  u>''^ 


r:'4f 


'■»•  hA' 


mto 


A 


V 


.If 

»\ 
'<• 


*;'♦  The  power  of  regulating  trade,  was  carried  fo  far  by 
.the  crown,  as  fometinies  toimpofc  duties;  and  queen  Eli- 
xahtth  obtained  feveral  judgments  in  the  exchequer  on  fuch 
regulations.  Lord  chief  jurtice  Coke  anfwers  the  argument 
founded  on  thcfe— -in  z  inlt.  62.  6^.  Princes  aimed  at  too 

jnuch  power exxecded  due  bounds — their  imprudence 

produced  "  grievances" —  and  ihe  people  who  always  fuf- 
ieif  when  their  rulers  are  weak  or  wicked,  would  no  longer 
trjill  fuch  opportunities  of  opprejjion  in  their  hand.  The 
•.power  of  itnj)rejj\ng  feamen,  Ihews  the  cxtenfivc  authority 
j^  naval  aj^airs  truiUd  to  **  the  crown." 
•1"'  '  "  ^  .  ,.  .'f  :.|  Blackft.  419.  Foftcrsrep.  154.  • 
.-So  extremely  averf<p  were  the  Englijh  to  foreign  affairs , 
fnd  to  the  exerdfe  even  of  parliamentary  authority  con- 
cerning them,  that  though  the  nation  was  juflly  provoked 
againil  the  French  king  for  the  injury  done  to  Ednuard  the 
I  ft  by  withholding  Aquitatne  and  his  other  inheritances  in 
inanner  (as  lord  chief  juilice  Coke  obferves  in  his  2d  infl. 
pa.  532)  and  by  fpme  cruel  aftioirs  of  Frenchmen  againft 
^nglijhmen,)  and  had  in  full  parliament  granted  him  aids, 
fubfidies,  for  the  maintenance  of  his  Wars  in  foreign 
parts,  yet  in  the  confirmationes  chartarum,  Ed, 
I  ft,  therein  taking  notice.  "  that  many  men  doubted, 
whether  thefe  grants  by  parliament  might  not  turn  injervagt 
^  them  and  their  heirs,  as  precedents,  exprefsly  declares  ii^ 
thofj^  ftatutes,  that  fuch  grants  (hall  not  be  drawn  into  cuf* 
torn'.*''   The  comment  fays— **"  it  was  holden  that  the  fub- 


'iiti. 


jcfts 


ft  .     '  ... 

into  this  point:  but  fuch  it  is  appreliendccl,  will 
on  enquiry  be,  found  to  have  been  the  power  of 

'^:,  /    r- i'^ •■'■'•  ii'i^-f,  ■,      the 

je£ls  ofii/pe  realm  ought  not  to  contribute  to  the  maintenance 
of  the  kings  wars  out  of  the  realm  —but  this  .F.atter  wds  ne- 
ver in  quiet,  until  it  was  more  particularly  explained  by 
divers  ad^s  of  parliament."  The  comment  then  mentions 
fevcral  ads  declaring  that  no  EngliJIjman  (hall  be  bound  to 
contribute  to  the  kings  wars  out  of  England^  in  Bcotlandy 
Gajcoigny,  Ireland,  Calais^)  though  theje  three  la/i  were 
countries  dependant  on  England,)  and  fays,  "  thefe  ads  of 
parliament  are  but  declaiatiunb  of  the  antient  law  of  Eng- 
land- But  here  may  be  obferved,  that  when  any  antient  law 
or  cuOom  of  parliament"  (fuch  as  before  mentioned  by 
making  ads  relating  to  foreign  wars)  "  is  broken,  and  the 
crown   poireffcd  of  a  precedent,  how  difficult  a  thing  it  is, 

TO      RESTORE     THE     SUBJECT    AGAiN      TO      HIS      FORMER 
FREEDDOM   AND  SAFETY."    2  inS.    527  —  529.  -        V,* 

V  The  author  of  "  the  controv^rfy,"  tvho  with  a  liberality  of 
fentiment  becoming  a  pleader  againll  freedom  and  the  bell 
intereft  of  mankind,  counts,  "  ilatute  books" — *'  minif- 
ters" — •*  king's  council" — ^pa.  77.  78.  — **  fcraps  of  jour- 
nals"  pa.  8{.  and  ordinances  of  "  the  rump  parlia- 
ment"——pa.  87.  among  his  **  DEITIES"  pa.  y^ ;  and 
grieves  that  we  poor  ♦'  inJiJel"  colonills  will  not  pay  his 
idols  the  veneration  his  z<al  judges  due  to  them,  has  co!- 
leded  a  good  many  fragments  of  proceedings  in  the  houfL* 
of  commons  from  the  year  i6i4to  i6z8.  The  amount  is 
this,  that  the  minilters  of  the  erown  infifled,  that 
parliament  could  not  make  laws  for  Amerua\  that  the 
the  commons  doubted  ;  but  at  length  in  1724,  came  to  an, 
opinion,  that  the  king's  patent  for  "  a  monopoly  of  filhing 

on  the  coajts  of  America  was  a  grievance,^'' that  a  "  claife 

^forfeiture"  againft  thofe  who  inteifered  in  the  fifhery 
was  void — and  pall  a  bill  "  for  a /^w  liberty  oi  fJJjing^* 
8ec»  It  appears  in  the  debates  that  the  filhery  was  free  hefore 
the  patent  'uj as  granted — Thefc  exlrads  do  not  flicw,  what 
.  became 


*J 


B 


ih6  ttowhy  Aat  our  argument  may  gain,  but 
cannot  lofe.  We  will  proceed  on  a  conccflion, 
that  the  power  of  regulating  trade  is  yelled  in 


iv 


parliament. 

^  Commerce  refls  on  conceflions  and  reftridli- 
ons  mutually  ftipulated  between  the  different 
powers  of  the  world  j  f  and  if  thefe  colonies  were 
fovereign  ftates,  they  would  in  all  probability  be 
reftrided  to  their  prefent  portion  *.     The  peo- 


•V-.'  >■«;..; ' 


liecame  of  the  bill  in  the  houfe  of  lords.  One  Mr.  Srcoh 
hid  in  1621 ——«  We  may  make  laws  here  for  Firginia, 
for  i/tb*  king  gives  tonjeni  to  this  bill  pail  here  and  by  the 
iords*  this  will  controul  the  patent." 

It  feems,  as  if  the  notion  of  the  king's  regulating  power 
iUll prevailed,  but,  that"  a claufe of /or^i//vr«" in fuch  re- 
gttiations  was  void."    So  much  had  the  power  of  parlia- 
ment grown  iince  king  JobH*s  reign.      Nor  does  it  ap- 
pear to  have  been  unreafonable,  as  commerce  became  of 
l&ore  confequence.    The  inftance  here  mentioned,  related 
ite  m  regulation  of  trade;  and  however  the  king  might  have 
'  iceommodated  the  point,  with  the  other  branches  of  the  Ic 
'giflature,  the  whole  proceeding  is  immaterial.     If  it  was 
[^  right  actually  enjoyed  by  EngUJhmeH  to  fiAi  on  the  coafts 
;  of  a  plantation—;  ad  a  grant  by  the  crown  of  the  filhery  to 
^  fhe  people  of  the  plantation  excluding  the  people  of  MngianJ, 
r  could  not  WSro;^  them  of  their  right — or,  ••  if  by  the  king'i 
.  ';giving  his  confent  to  a  bill  paffed  by   lords  and  commons, 
*  -— «« thfe  patent  might  be  controuled" — it  does  not  follow, 
'  that  the  king,  lords  and  commons  could  diveft  the  people 
;^©f  the  plantations  of  all  tbeir  rights,  ^^i  u  r.tttv  ,^,  «!«r^  • 
t  Cafe  of  the  OjiinJ  Eaft  InMm  company,    iv -li^  uiW*r 
*  "  Another  light,  in  which  the  laws  of  BngUnd  confi* 
der  the  king  with  regard  to  domelHc  concerns,  is  the  arbi* 
cer  of  commerce.  By  commerce,  I  at  prefent  mean  domeftic 

commerce    ■ 


it 


») 


'/ 


C  »9  T 


pic  of  England  were  freemen^  before  they  were 

merchants.    Whether  they    will  continue  /r^^, 

they  themfelves  muft  determine.    //d?w  they  Jhali 

trade^  mult  be  determined  by  Germans^  French^ 

Spaniards^    Italians^    Turks^    Moors^  i^c.     The 

right  of  acquiring,  property  depends   on  the 

rights  of  others :  the  right  of  acquired  property, 

folely  on  the  owner.     The  pofleflbr  is  no  owner 

without  it.     "  Almofl  every  leaf  and  page  of 

all  the  volumes  of  the  Common  Law  prove  this 

right  of  property  f."    Why  (hould  this  right  be 

facred  in  Great  Britain^  "  the  chief  corner  done" 

in  the  folid  foundation  of  her  conflitution,  and 
an  empty  name  in  her  colonies  ?  I'he  lamb  that 
prefumed  to  drink  in  the  fame  fir  earn  with  a 
ftronger  animal*  though  lower  down  the  currenty 

>  >.    ^  .  could  >. 

commerce  only.  It  would  lead  me  into  too  large  a  field, 
if  I  were  to  attempt  to  enter  upon  the  nature  of  foreign 
tradcy  its  privileges,  regulations,  and  reftridions ;  and 
would  be  alfo  quite  beftde  the  purpofe  of  thefe  commenta- 
ries, which  are  confined  to  the  laws  of  England.  Where- 
as no  municipal  Iwws  can  be  fufficient  to  order  and  deter- 
mine the  very  extenji've  and  complicated  affairs  of  traffic 
and  merchandize  j  neither  can  they  have  a  proper  authority 
for  this  purpofe.  For,  as  thefe  are  tranladions  carried 
on  between  fubjefls  of  independent  dates,  the  municiple 
laws  of  one  will  not  be  regarded  by  the  other.  For  which 
reaibn  the  affairs  of  commerce  are  regulated  by  a  law  of 
their  own,  called  the  law  merchant  or  lex  mereatoria, 

«  which  all  nations  agree  in  and  take  notice  of.  And  in 
particular  (it  is  held  to  be  part  of  the  law  of  England, 
which  decides  the  caufes  of  merchants  by  the  general  rules 
which  obtain  in  all  commercial  countries  ;  and  that  often 
even  in  matters  relating  to  domeftic  trade,  as  for  inftance 
with  regard  to  the  drawing,  the  acceptance,  and  the  tranf- 
fer  of  inland  bills  of  exchange/' 

.       t  Patlia.  m.       .  w^^^S-i  i^^Tv  i4  »^  * 


I'^iluiiTi,-:). 


V»-*   -f'-..»i'^(^^ii*    fi  J/. 


'■^^tf     ■>< 


.  •^;; 


^M^JSiSS'i*  10^*1 


H- 


L120      I 


coukl  not  refute  the  charge  of  incommoding  kt- 
ter,  by  difturbiag  the  water.  Suqh  power  have 
realbni  that  appear  dcfpicable  and  deteflable  a^ 
lirit  v/hcn   they    are    properly  enforced.  /.i/.v.\ 

FnoM  this  very  principle  arofe  her  power -,  and 
can  //W  power  now  bcjujHy  exerted,  infupprejji- 
on  of  that  principle  ?  It  cannot.  Therefore,  a 
power  *  of  regulating  our  trade,   involves  not 

*  This  diilincHon  between  a  fuprenie  legiflature  and 
a  power  of  regulating  trade,  is  not  a  new  one.  We  find  it 
clearly  made,  by  the  judges  of  £;/^/^/7//,  at  a  period,  when 
the  modern  prohtabie  mode  of  blending  rogether  in  j  arlia- 
ment  the  auilioiities  of  the  crown  and  people,  had  not 
cxtinguilhcd  all  reverence  for  the  principles  of  the  con- 

lUtUlion.         '       '     ,     -     ■    ■',    '  •*      -:.;..  .i^     V^J  .'H    :^i3>    ( 

Ky  the  ftntutc  of  the  zAo^  Henry  G\\i  ch.  4th  Calais  v:n$ 
confirmed  a  rtaple  place  for  the  wool  exported  from  Eng- 
lanci,  PFales  and  Ireland,  Some  wool  (hipped  from  this  lad 
kingdom,  was  config  ed  to  ^/w/cf,  in  Flanders.  The  ihip 
by  llrefs  of  weather  was  forced  into  Calais^  where  the  wool 
was  feizcd  as  forftited.  The  chief  queftion  in  the  exchequer 
chamber  was,  whether  the  ftatute  bound  Ireland.  In  Richi: 
3,  12,  the  cafe  is  thus  reported.  *•  Et  ibi  quoad  ad  primam 
qjeftionem  dicebant,quod  terra  M'^fm^r  inter  fe  habet  far- 
Jiamcnturn  Sc  omnimodo  cur:as  prout  in  Anglia^  &  per  idem 
parliam<ntum  faciunt  leges  &  mutant  leges,   &  non   obli- 

GANTUK.    PER  STaTUTA    IN  AnGLIA,    QJJIA   NON    HIC     HA- 

BENT    MiLiiEs    PARLiAMENTij    fed  hoc   intdligitur  DB 

TERRIS    per  REBUS     IN  TERRIS  TANTUM   EFFICIEND  ;    fcd 

PERsoNi^  EORUM  SUNT  suBjEcri  REGIS  ct  tanquam 
fubjeili  ESlUNT  obligati  ad  aliquam  rem  bxtra  terraw 
ii.LAM  KACiENUAM  cootra  (latutum,  ficut  habitilntes  in  Cal- 
hfiiiy  G.iJ'cogrfia,  Guien,  &c.  dum  fuere  fubjefti  ;  &obedien- 
tes  cruiit  SUB  admkalitate  ANCLiiE  db  rb  facta 
.SUPER  ALTU  M  MIRE;  ti  fimiUter  breve  de  errore  de  judiciis 
ledditis  in  Hibernia  in  banco  regis  hie  in  JnzUa.** 

Brooke  lord  chief  julHce  of  the  common  pleas,  mentions 
the  cafe  almoft  in  the  fame  words. 


■i  •-.-t. 


ime  words,  title  parliament  98--but 

-.«,'.,.■■.,   f  .     t^-fc''-s'A*'"  ♦■'J**!      •**.   >.  -  ^-    #       I 


.    Y\ 


a. 


,  \ 


^■.- 


a, 


/ 


^? 


.;a. 


t 


122 


1 


in  it  the   idea  of  fuprcme  legiflaturc  over  us. 
The  firft  is  a  power  of  a"  prefcrving  "  protedling*' 
'  *^-!      (^  nature. 

90  fays—"  the  chief  juOice  was  of  opinion,  that  the  fta- 
tutcs  of  England  fliall  bind  Irelunti,  which  was  in  a  manner 
agreed  by  the  other  juflices ;  and  yet  it  was  denied  the  for- 
mer day:  Yet  note,  that  Ire/anJ  is  a  realm  of  ilfelf,  and 
i'at  a  parliament  in  ilfelf  " 

Here  it  may  be  obferved,  firfl,  that  the  reafon  affigned. 
by   the  judges,  why  the  llatutes  of  England  bind    not   the 
pe9p!e  oi  Ireland,  though  fpeciallj  named,  contains  a  confti- 
tuti.)nal   principle,    the   fine  qua    of  freedom       Secondly, 
that  the  pjoiple  of  he'and,  as  fubj^-dls  of  the   king,  were 
*'  under  toe  admiralty  of  England  as  to  things  done  on  the  high 
fea'j"  w'lich  u  a  ilrong  conhrmatiun  given  by  the  judges  of 
England,  to  the  fupppfition  before  madf,  of  the  power   of 
regulating     trade    being    forme/ ly   veftcd     in     the    king, 
Ihirdly,    that   the    opinion   of  the   chiel  jullice,    and   of 
the   other  jultices,  fuch  as  it  was,  **  reddendo  fjngula  fin- 
galis,  ic  fecundum   fubje^tam  materiam,"  piove&  at    mod, 
only  that  /r*/fl»<^  was  bound  by  Jiatutes  regulating  their  trade, 
for  fuch  was  the    2  Henry  6th  ch.  4th  on   which  the   cafe 
arofe.     Fi^nrthly^  \\\zx  Bro(jke  z,  man  of  great  eminence  and 
dignity  in  the  law,  appears  by  his  note,  to  have  been  difTa- 
tisfied    with  the  judgment,  tho  onl)  on  a  ftature  of  regula- 
tion, for  this  reaion  of  fuch  weight  with  »n  Englijbman, — 
*'  becaufe  Ireland  is  a  realm  ot  itlelf  and   has  a  parliament 
within  itfelf "    Fifthly,  that   the  authority    of  the  crown, 
including  the  regulation  of  the  trade  oi  It  eland,  and  fend- 
ing writs  of  error  there,  were  fulficient  rellraints,  to  fec.irc 
the  obedience  and  fubordination  of  that   kingdom.     This 
reafon  fcems  to  have  held  its  ground,  till  loru  chief  jullic* 
Ccke^i  time;  and  though  a  great  reverence  is  entertained 
for  his  memory,  yet  it  can  never  be  ackn  \^'!edj»ed,   rhai  an 
'*  obiter  dietun^  of  his,  or  of  any  .Other  man,  is  a  rule  of  law.  \ 
In!  Calviti'%   cafe,  the   chief  jufticc  reciiii.g   luc  tortguing 
Cufc,   lays,  '*  Hihernia  habet  pariiamentuin,  Sc  laciunt   le- 
i',es,  Sc   nof^ra  Itatuta  non  legant  ecs,  quia    non   mittunt 
inilite^  ad  parliamentum  (which  ••'  adds  he,"   is  to  be  under- 
Jicod,    unlefs    they   be  ejpecially   named)     Atid    does    the 
"  cfpecially  naming  them,"  give  them  a  rcprelentation,  or 
jemove  the  injulHce  of  binding  them  without  it?    This  ob-  , 
ft:' vation  in  plain  Englilh  would  run  thui.     "  Our  itatutes 

do 


^■^'■1 


" 


,•..'..* 


r 


122 


J 


'mf 


In 


«'. 


il 


'1     I 


••  J.I ) 


I     ,1 


|7   !J 


nature.      The  lad,   as     applicJ  to  America^    is 
fuch  a  power  as    Mr.  Juflice     Blackjlone  dc- 

do  not  hind  thr  people  of  frfland,  when  we  </«  «o/  infend  id 

bind  them,    Bkc  \Use,  th»v  are  not  rr pre  enti'C  in  our  pnrli- 

anienr :   bur  out  lliitute*  bind  them,  when  wr  intent^  to  bind 

them."     Wl);<t  is  rhis  hut  faying— •♦  that  to  rncik  o^  thtir 

not  being  reprcfcnied,  is  a  mere  )ar«»on;   and  the  f<>Ie  point 

is,  wheihei  it  is  our  rv/V/  to  bind  them"—  -or  in  othfr  words 

— **  th»t   our  Ifatute*   do  not  bind   th^'m    for  a  reafoji,  as 

llronc;  as  man  can  give,  and   fo  acknowie  yed  hv  us  to  be, 

which  yet,  is  no  rcainn  at  all :   for,  where  th  reisnoocca- 

fion  for  its  op--ration,  it  applies  not;  aid  where  there  is  oc- 

cafion,    it  is  of  no  force  "     Mis    Lordftiip  hifd  juil  before 

taken    notice  tli.it   *'  a  writ  of  trr or  dui  Ive  in   the  kind's 

bench    of  E»:la*t(i  of  an  erroneous  ju.igment  in  tht*  kin^^'s 

bench    of  Irelnnd;^^      and  per'  aps    that   led    him  in   the 

couiiie  of  his    ar  ument   to    imagine,      th»'re   mipht  be  a 

like    pre  eminciice     of   the   parliament    of  England  over 

that   Oi  Ireland      That  this  was  his   reafon   Items   certain, 

becaufe  at  a  nieeting  of  commiffi  mors  to  confid«r  of  a  pro- 

je^ed    union  betwren    E/igland  and  Satland,  at   which   the 

chief  juftice  was   prefent  — Moor  796,  it   it   faid    *'  that 

parliament   has  power  over  Ireland,  as  is  proved  by  that 

a  writ  of  error  may  be  brought  of  a  judgment  in  the   king's 

bench  of  Ireland.''*     In  the  4th  inft.  he  alfo  fays  the  people 

ofCuern/ey,  Jer/ey  and  Manure  not  bound  by  the  ftatutes  of 

England,  unlels    they  are  fpecially  named.     Yet    whoever 

examines  the   ftatutes  relating  to    Ireland,  Guern/ey,  y*rjiy 

and   Ma-f  w;ll  have  very  liiile  caufe  to  believe,  that  it  has 

.  been  thought  in  England,  that  llatutc^  Aould  generally  bind 
the  people  of  thole  countries,  notwlti  ilanding  ihe  fubjec- 
tion  of  Inland,  and  the  other  ifland;).  the  many  diftrefles  of 
the  former,  and  the  weaktieU  of  the  latter  have  afforded 
f)pporiunitie«  of  extending  fuch  a  power  over  them.  With  rc- 
fppc\  to  all  ihefe  places  fcarce  a  ttatute  can  be  found  of  any 
period,  but  for  f  e  regulation  of  their  trade.  The  fame 
obfervation  may  be  made  as  to  Ga/coigny,  Guienne znd  Calah, 
Juflice  ffylde  in  2  vent.  5,  faid,  **  he  had  feen  a  charter 
whereby  thefe  placts  were  recited  to  be  united  to  England 
by  mutual pa^.  Aiid  writs  of  error  run  thofe."  **  Walts  was 
a  conquered  country,  and  the  people  fubmitted  to  Eaiuard 
the  fifft  de  alto  et  hjo,**  ,    „ 

■.,f    ,<!.,r-^   >:r  f^i:??^^.:''  "^''' r^^'-      Whatcirer     ,, 


^i,i#t»  Iv'-r 


iV- 


TS-T«»»i  v  ^w*—"-  •*»«•- 


m^^www^r^im 


/     ({Mil 


fcribcsin  thcfe  worJis,  "  whofe  enormous  weight 
fprcads  horror   and  deilradlion  on    ill  inferior 
.  ,,      0^2  movements.** 


Whatever  pretence  thcchitf  j  nlice's  opinion  was  founded 
on,  u  has  bv-ent.ic.u  i  i.  ,  c.icd  in  many  law  bt)(<k,s  iince. 
Whtihtr  hi>>  l>nilh  fMncaiit,  tha-  fta.ntcs  of  TT/i^/aWcoulil 
^1./ the  people  ot  ///.wirf,  in  tnkirig  away  trials  by  jury,--- 
taxing  thfiu,  and  **  in  ailcti  ts  ivhui/ofvtr^^*  or  on  y  in  pre- 
fci  .i.ig  'hew  iuboidination,  as  by  rtguiatlng  their  tradc^ 
which  was  the  caic  icTened  to  in  his  coin>iient,  docs  not 
appear.  Tne  parliament  in  declaring  the  dependence  of 
Inland,  did  not  <ve nt ur e  \oc\dSm  a  power  of  binding  the 
prOj^ii  ot  tiiat  kinguom  '*  in  all  ca(i.s  whatfoever  "*  With 
rtlpect  to  all  ihcle  declarations,  however,  as  they  are  made 
to  ittc-r  to  u),  we  ma/  aufwer  an  the  lion  did  to  the  man  in 
the  table, 

Much  the  fame  arbitrary  coi.ft.uflion  has  been  made  on 
the  qucUi'jn  ;  whe  lier  a  man  could  tic  tried  in  Evgtand  on 
a  charge  of  comnuttiug  in'iifon  in  Ireland,  n  aiieen  Eliza- 
Itth'i  'cign,  **  Gtrrade^  chancellor  oi'  Leiand  im>vL-d  that 
queltion  to  the  couiUe  ot  the  queer,  and  it  was  held  by 
}yray^  Ditr,  and  (ierrarde,  attorne^'  gerej' ',  he  could  not, 
becaui'e  he  wa.->  a  fubjcct  of  Ireland  And  not  of  England^  and 
if  tiitd  in  England,  he  could  not  be  tried  by  his  peers." 
Dietj  360.  Auerwards,  to  gratify  the  queen's  refeutmcnt 
againit  fome  rehel>,  they  weie  tried  in  England  ;  and  thus 
pailion  and  c  ^mplaifancc  made  ^ery  good  law  agaioll 
reafon  and  juilice. 

Having  mentioned  Cal'via^s  cafe,  it  may  not  be  im- 
proper to  oblerve,  that  it  the  author  of  ♦*  the  controverfy" 
had  taken  the  trouble  of  reading  it,  he  might  have  found 
hia  perplexities  removed  on  the  quelHon  that  has  given  him 
fo  much  aikxieiy,  and  brought  fuch  aIo«d  of  reproaches  on  the 
colonies.  He  is  provoked  at  cur  infolcncc  for  pretending 
to  be  any  thing  moie  than  aliens  in  England,  while  we  deny 
the  power  of  parliament  to  bind  us  *'  in  all  cafes  whatever.'* 
In  that  cafe,  the  gentieman  would  have  difcuvered,  that  the 
judges  of  England  held,  tha.  a  man  born  in  Scotland,  under 
tht  allegianct  of  James  the  firlt,    after  his   acceflion  to  the 

•^5;;'  throne 

•  Nor,  to  this  day  docs  parliament  tax  them,  &c.  And  thcre-< 
fore  the  inference  is  juft,  tlut  neither  they  nor  the  chief  judice 
meant  fuch  a  power. 


wmmmmm 


^>\ 


:  I?'- 


1%''     ■ 


11- 


(^ 


r 


124  ] 


>» 


movements."  The  firft  is  a  power  fubjedl  to  a 
conllitutional  check.  Great  Britain  cannot  m-r 
jure  us  by  taking  away  our  commerce  without 
\,,j.ji^^hLjrting  herkif  immediately.  The  lafl  is  a  pow- 
^.Hi;i-j,er  without  check  or  limit.  She  might  ruin  us 
nil  J  j>y  it.  The  injury  thereby  to  herfclf  might  be 
hau  .  r^»/(?/^  as  to  be  defpifed  by  her.      ■■-^^^■vy^ 

hi:  \n  lii  The  power  of  regMlati;)n  was  the  only  band  ♦■hat 
;j t  >//  could  have  held  us  tosrether  -,  formed  on  one  of 
thefe  "  original  contrails/* — -which  only  can  be 
-'''  '-"a  foundation  of  juft  authority.  Without  fuch  a 
band,  our  general  commerce  \yith  foreign  nati- 
qns,  might  have  been  injurious  and  deftrudive 
to  her.  Reafon  and  duty  rejedl  fuch  a  licence. 
This  our  duty  refembles  that  of  children  to  a  pa- 
rent.    The  parent  has  a  power  over  them  :  but 

they 


1  ( 


i-v: 


I.''.      ' 


r. 


■'  throne  of  En^land^    was    entitled    to   al!  the  rights  of  a 

fubjeft  born  in  England  \  tho  i(»h  the  objeftion,  that  (latutet 

pf  England c.om\^  not  bind  '  cotland    or  a  man  rcfiding  there, 

who  held  lane's  i  1  England,   was  mcn'ioned  in  th  ■  courfe   of 

the  argument.  That  great  difficulty  being  got  over,  if  the 

gentleman,  will  go    a   ."^ep   farther,  and     perceive     fome 

I'ttic  diftinyUon   bet\Veen  colonies  proceeding  ouf  of  the 

loins   of   EngLmdy    and     the   '•  conquered**     countries     of 

Ireland  and  f-^ales,  — the   countries   of     Gafcoigny    Guienne, 

and   Calais.    **  united  hy  mutual pa£i  to  England"  and    the 

jHands  oi  Gufrn/ty,   Stc    *♦  lying  nvithin  ihe  four  feas^  'whoft 

(jf      fovfregns  annexed  them  to  England  :"  and  will  oiil>  allow  the 

;      .^oloiiiils  a  little  more  rf'gard  than  is  ^rofeji   in   l»w  books  for 

'".'^'thcje  ciuntrits,  ai  d  about  as  much  as  has  been  a^ually  ohfir<ved 

^l^^' '  towards  t  em  by  parliament,  he   wMl  have 'no  furthei  oc- 

ni  1  cafion  to  fay    levere    things    of  thofe,  who   are  willing  to 

efteem  him  ;  and    hen,  if  he  can  perfuade  his^worthy  coun- 

t;rymen  to  adopt  his  fentimenti,  their  anger  will  no  longer 

give  pain  to  thofe  who  almoft  adore  theni. 


/ 
v.- 


Mii«"ii!H 


of 


\f 


Tpi! 


v/ . 


::i{ 


Hi 


>T 


125 


3 


.     :"-,        ..         .    .,        .    .  ,.  ;•       Jt%»r^  ■••)n''J*  "■       -  ■•I'C,  >>?*■"  t''^'!*-;, 

7  have  rights,  what  tl;?  parent  cannot  take 
'  "jiway.    llcuven  grant  that  our  mothc;  country- 
may  regard  us  as  her  children,  that  if  by  the 
dilpcnfation  of  Providence,  the  time  fhall  come, 
nwhcn  her  power  incrcafes  the  memory  of  foriner 
kindneifes,    may  fupply    its    decays,    and   her 
colonies    like   dutiful   children,  may  fcrve  and 
guard  their  aged  parent,  for  ever  revering  the 
arms  that  held  tiiem  in  their  infancy,  and  the 
breads  that  fupported  their  lives,  vvliile  they  were 
littleones.  ..  ...,  v  i.  .r    •*  .  «■  ^^'/H?  ^ 

,  It  feerns,  as  if  the  power  of  regulation  might 
not  inaptly  be  compared  to  the  prerogative  of 
making  peace,  war,  treaties,  or  alliances,  whereby 
*'  the  whole  *  VMtion  are  bounds  against  their, 
consen^t:"  and  yet  the  prerogative  by  no 
means  implies  a  fupreme  legijlature.  The  lan-r 
guage  held  in  "  the  Commeniaries "  on  this 
point  is  very  icniarkable.  "  ""Vith  regard  to 
FORLiGN  CONCERNS  the  king  is  the  delegate  or 
reprcfentaiive  of  the  people  •,  and  in  him,  as  in  a 
center^  all  the  rays  of  his  people  are  united  || ; 
and  the  sovereign  pow.iR  qticad  hoc  is  veiled  in 
his  perfon  §j."  Will  any  Englipnian  fay  thefc  ex- 
preiTions  are  def  :riptive  of  the  king's  authority, 

WITHIN      THE     REALM.         "    Is    tllC     SOVEREIGN 

POWER  within  /;?7^/ veiled  in  his  perfon  :"  He  is 
fliled  "  fo'vercigff  indeed  -,  "  his  realm  is,  de- 
clared by  many  ads  of  parliament  an  Empire 
and  his  crown  Imperial:'  But  do  thefe  fplendid 
appellations,  the  higheft  known  in  Eitrope  figni- 
\ly,  that  '^fovereign  power  in  veiled  in  his  perion 
within  the  realm  ? "  We  have  a  full  anfwer  ii; 

1  Blackl  252,  257'     11  ^^'- ^'^^-^  ^  ™*r^^^ 


Ws- 


i't'^Zi, 


ti'' 


If: 


K  5 


^?,  i 


ft-vi. 


,f-<ij;t  tt 


r 


126 


J     ,  ?>w^.(  .umT 


-^v^:- 


the  Commentaries.  "  The  meaning  of  the  legi- 
fl::tiire,  when  it  ufes  thefe  terms  of  empire  and 
imperial^  and  applies  them  to  the  reahn  and 
crown  of  England^  is  c«/y  to  afTert,  that  our  king 
is  c(\\\2i\\y  fo'vcreign  and  independent  within  thtle 
his  dominions  \  and  ewes  no  kind  of  Juhjetiion  to  any 
potentate  upon  c^rch."  I'hus  wi-  maintain,  that 
with  regard  to  foreign  affairs,  the  parent 
original  ilate,  "  is  the  delegate  or  reprejentative^^ 
of  the  entire  dominions,  "  the  f over eiga  power 
QUOAD  HOC  is  veiled  "  in  her.  Her  acts  under 
this  power  "  irrevocably  bind  the  whole  nation." 
B'lt  yet  this  power  by  no  means  im  olies  afupreme 
kgijlatnre. 

The   exercife  of  this  power  hy  jlatutes  was 

abfoL.tcly  necellary  ;  becaufe  it  was,  and  could 

only  be  lodged,  as  the  laws  of  the  parent  ftate 

ftand  in  the  fuprerie  legiflature  of  that  ftate, 

confifting  of  king,  lords,  and  commons  •,   and 

ftatutes   are    the  modes  by    which  this    united 

fentiments  and  refolutionsare  expreil.    It  is  uni- 

verfally  acknowledged  \vl  Great -Britain^   hat  it  in 

fers  no  power  of  taxation  in  king  and  lords,  that 

ineir  limited  authority  is  ufed  in  cloathing,  gifts 

and  grants  of  the  commons  with   the  forms  of  law 

— nor  does  it    infer  jupreme  legiflature  over   us, 

that  the  limited  authority  of  king,  lords,    and 

commons  is  ufed  in  cloathing  regulations  of  trade 

with  the  form  of  law.    The  commons  joining  in 

the  law,  is  not  material.     The  difference  is  only 

in  the  mode  of  affent.     Theirs  is  exprefs,  ours 

is  implied^  as  the  aflent  of  the  "  v.rhole  nation," 

is,  in  the  preceeding  inftanccs. 


Thi 


WW 


iiiPIIWPPPiVWPIHfpi 


,  L      »27      J 

This  power  of  regulation  appears  to  us  to 
have  been  pure  in  its  principle,  fimple  in  its 
operation,  and  falutary  in  its  efTeds.  But  for 
fomc  time  pall  we  have  obferved,  with  pain,  that 
it  hath  been  turned  to  other  purpofes,  th^n  it 
was  originally  defigned  for,  and  retaining  its 
title,  hath  become  an  engine  of  intolerable  op^ 
prcfiions  and  grievous  taxations.  The  argu- 
ment of  an  eminent  judge.  Hates  the  point  in 
a  fimilar  cale  itrongly  tor  us,  in  thcic  words. — 
"  Though  it  be  granted,  that  the  king  hath  the 
cujlody  ot  the  havens  and  ports  of  this  ifland,  be- 
ing the  very  gates  of  this  kingdom,  and  is  trujled 
with  the  keys  of  thefe  gates  \  yet  the  inference  and 
argument  thereupon  made,  I  utterly  deny.  For 
in  it  there  is  mutatio  hypcthefis^  and  a  tratiption 
from  a  thing  dione  nature  to  another  \  as  the  pre- 
mijes  are  of  2i  power  only  fiduciary^  and  in  point  of 
tritji  and  government^  and  the  concluficn  infers  a 
right  of  intereji  and  gain.  Admit  the  king  has 
cuftodiam  portuum,  yet  he  hath  but  the  cuficdyy 
which  is  a  truji  and  not  dominium  tilile.  tie 
hath  power  to  open  zxi^jhtit^  upon  considera- 
tion OF  PUBLIC  GOOD  TO  THE  PEOPLE  AND  STATE, 

bvU  not  to  make  gain  and  benefit  by  it :  the  one  is 
r  isOTECTioN,  the^//??^r  is  expilation."  Bycom- 
T  ov;  law  the  king  may  reitrain  a  fubjcct  from 
going  abroad,  or  enjoin  him  by  his  chancellor 
from  proceeding  at  law  :  But  to  conclude^  that 
he  may  therefore  take  money^  not  to  reilrain  or 
not  to  enjoin,  is  to  sell  government,  trust, 

AND  COMMON  JUSTICE*. 

•  Rights  of  the  people,  as  to  in:5poiitIons. 


-I  ., 


r  H  E 


E    N    D. 


M 


'Ml 


>^"wm^' 


m 


I'  1,' .  1 


P 


R       R       R       A       T       A; 

For  "  thec^iu'  fum"  in  note  of  pa.  *i.— ^rcad-k"  tliefAme  Aim." 

Fin  "  railing  money"  in  fame  note  r. — ••  raifing  and  expending 
tftont  y." 

Dtle  IP  fame  note  tliefc  words — "  The  fame  reafoning  holdi  as 
to  the  application  of  money." 

Df'f  ill  pa  39  tlufc  words — '•  no  EnghPo'y  f"  thcconftifutirtn 
lawvtr,  pi*>  x*'i*  J« member,  has  pointed  out  >  r.  <  ha*  not  exprrfsly 
pre 'fcly"        ■  -  — —  and    j       ^    drawn." 

P'-if  in  fame  jia.  thcfe  words — "  General  tern»  have  been  ufed. 


!><  It  in  n<>tc  oFpa.  47 — this  word— ^"  hfcauft." 
Ill  note  oF  pa.   51 — after  7  Geo.   3  ih.  41. — r.   7  Geo.   j  ch.  4*. 
In  note  of  pa.  fit.  after  the  word  "  Govcrnmem;" — r.,  •'  confifts" 
In  note  of  pa.  84  for  "pa.  lai" — r.— p.   no. 

A     P     1^     K     N     D  -1     X. 

AtJditipn    to  N')te    II  in  pa.   ^t.        -^  ' 

rr^J^F-  ftatuteifincc  the  8th  year  of  this  reign   relalinj?  to  the  colo^ 
;a;**  nics,  fallow  one  ahothtr  much  in  thf  fame  qiiick  m.inucr   ai 
btfore:   but    they  could  not  be  cv)llcd;(  d.     Many    of  the    ftatutes 
lure  nicntionff!     particularly  tho^- 'elating  to  the  admiralty  courts 
a'ld  the  comm  iriiiners  of  the  curt      ,       «:-  connedli-d  with  a  multi- 
tude of  other   ft:Uutes,  bv  btin(»  €•  A  with    which;  the    arti- 
ficcN  will  appear,  thiC  gradn  il  y  dtpa»      g  fiom   the  l.iws    of  Eng' 
land,  have  at   Icngili   invcft"d  thffif  cnuit*  and  commiffimers    with 
fuch  new,  unrctfonabte,  unconftitutinnal  and  dangerous  powers. 
Addicional    Note  to  pa.   80. 
THK  who'e  country  of 'he  feven  UaUed  Pro- hces  is  not  as  large 
as  nnehalfof  Ptu,.fylva>ita;  and  uhcn  they  be  an  their  contef!  with 
Phti'tp  the  fecund  for  their  liberty    ci>ntaincd  abfut  as  m«nv   inha- 
bitants as  are  now  in  thi-  province  of  Mj/f.irh'tfetts-Bar.   Philip's  em- 
pire then  comprehandt'd  in  Europe,  all  >pn'ui  and  Portugal,  the  two 
Siciiits,  and  Inch  provinces  of  the  Loiv  Countries  a»  adhered  to  Iiim,  . 
—  nray  iflards  (tf  imp  >!tar.cc  in  ;he  Mediterranean — the    Milantfe 
and  many  other  v^ry   valuable  teiritoties  in    //a/v  and  elfewhcre.— *• 
In  Afi'ica  iiul  Afta^  all  the  dominions  belonging  to  ^'^jjiu,  and  Porta- 
gol — in   /imeiica  xhc\mTii<T\{c  countries  fuhjc»f^  to  thofe  two  king- 
d:)iMj,  wiib  all  their  treaAir^t  and  yet  aneihanrtcd  mines,  and  thd 
Spauijh  tVe!J-!t,dies.     His  armies  were.niimerous  and  veteran,  eicel- 
Ifotly  officered,  and  command'.d   by  the'n'ioft  renowned  general*. 
So  great  was  their  force,  that  during  the  wars  in  the    Lnv  Countriei, 
liis   roniniander  in  chief  the  prince  of  Parma,  marched  twice    into 
France,  and  >  bhgtd    that  great  general  and  glorious  king  Henry  the 
fourch.  to  raife  ar  one   time  the  (iege  of  Paris  and  at  another,  that' 
of  Roan.     So  confiderable  was  the  naval  power  of  Philip,  that  in  the 
rriclrtofthe  fimewats,  he  fi  fed  out  his  dreadful  armada  to   invade 
F-ngland."  Yet  fcvcn  little  provinces,  or  counties,  as   we  iLould  call 
thcni,  infpired  by  one  generous  refolution — "  to  die  free,  rather  , 
than  to  live  Haves,"  not  only  bafllcd,  but  broii'ght  down  into  .^h«i, 
doft,  that  enormous- power,  that  had  contended  for  univerfa!  em-' 
phe,  and  for  half  a  ctniurv,  was  the  terror  of  the  world.     Such  afi  , 
amazing  change  indctd  took  pUce,  that  tHofc  provinces  afterwaidfr 
a^ualiy  protectsd  Spein  agalnft  the  power  of  Frjuct.     ■    ' 


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